UNIVERSITY  OF  CALIFORNIA. 


I  KT   (  >K 


^Received 
Accessions  N 


9. 


THE 


SCHOOL    MANUAL, 


CONTAINING    THE 


SCHOOL  LAWS  OF  RHODE  ISLAND; 


DECISIONS,  REMARKS  AND  FORMS, 


FOR  THE  USE  OF  SCHOOL  OFFICERS. 


1  s  ,s  2  . 


Prepared   in  accordance  with  a   Resolution  of  the   General  Assembly  by 
THOMAS  B.  STOCKWELL,  Commissioner  of  Publi 


PROVIDENCE 

1.   L.   FREEMAN   &   CO.,   PRINTERS   TO  THE    STATE. 

1882. 


L6 


NOTE.   , 

This  book  is  public  property  and  is  for  the  use  of  School 
Officers.  It  is  to  be  delivered  by  each  officer  to  his  successor 
in  office,  and  a  copy  should  be  accessible  for  consultation  at 
all  school  meetings. 


RESOLUTION 


INSTRUCTING   THE   COMMISSIONER  OF   PUBLIC   SCHOOLS    TO  PREPARE   A 

SCHOOL  MANUAL. 

(Passed  January  Session,  1881.) 


Resolved,  That  the  commissioner  of  public  schools  be  and 
is  hereby  directed  to  prepare  a  school  manual  for  the  use  of 
the  officers  of  the  public  schools  of  the  State,  which  shall 
contain  "Title  IX,"  of  the  "Public  Statutes,"  and  such 
decisions  of  the  Supreme  Court  and  the  commissioners  of 
public  schools,  under  the  school  laws,  and  such  other  matter 
as  may  be  deemed  advisable;  and  to  cause  not  exceeding  two 
thousand  copies  thereof,  when  approved  by  the  state  board 
of  education,  to  be  published  in  the  style  and  size  of  the 
Rhode  Island  Manual;  and  the  state  auditor  is  hereby  direct- 
ed to  draw  his  order  on  the  general  treasurer  for  the  cost  of 
the  same  not  to  exceed  seven  hundred  dollars,  when  approved 
by  the  governor. 


RESOLUTION  OF  IPPROVAL 


STATE  BOARD  OF  EDUCATION, 


JUNE   8,   1882. 


Resolved,  That  the  state  board  of  education,  having  exam- 
ined the  ' '  School  Manual "  prepared  by  the  commissioner 
of  public  schools,  in  accordance  with  the  resolution  passed 
at  the  January  Session,  1881,  hereby  approve  the  same  and 
order  its  publication. 

ALFRED  H.  LITTLEFIELD, 

HENRY  H.  FAY, 

GEORGE  L.  LOCKE, 

CHARLES  J.  WHITE, 

DANIEL  LEACH, 

D WIGHT  R  ADAMS, 

DAVID  S.  BAKER,  JR., 

Lucius  D.  DAVIS, 


State  Board 

of 
Education. 


J  I 


CONTENTS, 


EXTRACTS  FROM  THE  CONSTITUTION  OF  THE  STATE. 

PAGE. 
Art.        I.     Declaration  of  certain  constitutional  rights 

and  principles,  .  ^  .  .  .  1 
IX.  Of  qualifications  for  office,  ...  3 
XII.  Of  education, 3 

EXTRACTS  FROM  THE  PUBLIC  STATUTES. 

Title  V. 
Chapter  28.     Of  the  permanent  school  fund,        .        .        5 

Title  VII. 

Chapter  34.     Of  powers  of,  and  of  suits  by  and  against 

towns, 7 

Title  VIII. 
Chapter  46.     General  provisions  concerning  taxes,  9 

Title  IX. 

Chapter  47.     Of  the  board  of  education,       .        .        .11 
48.     Of  the  commissioner  of  public  schools,    .       14 


SCHOOL    MANUAL. 


PAGE. 
Chapter  49.     Of  the  appropriations  for  public  schools,        15 

50.  Of  the  powers  and  duties  of  towns  and  of 

the  town  treasurer  and  town  clerk  rela- 
tive to  public  schools,     ....       18 

51.  Of  the  powers   of    school  districts  and 

school  officers,        .....      22 

52.  Of  district  meetings,          ....      24 

53.  Of  joint  school  districts 26 

54.  Of  the  levy  of  district  taxes,     .        .         .29 

55.  Of  the  trustees  of  school  districts,    .        ,       31 

56.  Of  the  powers  and  duties  of  school  com- 

mittees, and  apportionment  and  uses  of 
school  money,        .        .        .        .        .34 

57.  Of  teachers, 40 

58.  Of  legal   proceedings  relating  to  public 

schools, 42 

59.  Of  the  normal  school,,  teachers'  institutes 

and  lectures,  ...        .        .        .        .46 

60.  Of  truant   children   and   absentees    from 

school,    .        .        .  .        .        .48 

61.  General    provisions    relating    to     public 

schools,  .......       50 

62.  Of  state  scholarships  in  Brown  University,      54 

63.  Of  the  state  census, 55 

Title  XIII. 

Chapter  78.  Of  appropriations  for  the  education  of 
indigent  blind,  deaf  and  dumb,  idiotic 
and  imbecile  persons,  .  .  .  .58 

Title  XX. 
Chapter  169.     Of  masters,  apprentices  and  laborers,     .       60 


CONTENTS.  XI. 


Title  XXX. 

PAGE. 
Chapter  241.     Of  offences  against  the  public  peace  and 

property,       ......  62 

242.     Of  offences  against  private  property,      .  62 

EXTRACTS  FROM  THE  PUBLIC  LAWS. 

Chapter  291.     An  act  to  establish  a  state  school  for  the 

deaf, .64 

316.     An  act  making  an  appropriation  for  the 

R.  I.  School  of  Design,        ...  65 

DECISIONS. 

Powers  of  districts  and  school  officers,  .        .        .        .69 

District  meetings 81 

District  taxes, 92 

Trustees, Ill 

Powers  and  duties  of  school  committee  and  apportion- 
ment and  uses  of  school  money,      ....  123 

Teachers, 153 

Legal  .proceedings, 158 

REMARKS. 

Board  of  education 175 

Commissioner  of  public  schools,    .....  176 

Towns, 177 

Town  clerks, 176 

Town  treasurers,    ' .         .         .         .         .         .         .         .  178 

School  committees,          .         .        ,        .        .        .         .179 


Xll.  SCHOOL    MANUAL. 


PAGE. 

School  superintendents 208 

Districts,  .         .         .         .         .         .      '  .         .         .212 

Taxation,        • 225 

Teachers,          .  ...         ....     231 

Appeals, 240 

Libraries, 242 

COURSE  OF  STUDIES, 244 

FORMS, 256 

Index  to  Public  Statutes  and  Laws 289 

Index  to  Decisions,  Remarks  and  Forms,  311 


EXTRACTS 


CONSTITUTION  OF  RHODE  ISLAND, 


ARTICLE  I. 
DECLAMATION  OF  RIGHTS. 
SECTION 

2.  Object  of  government.  —  How 

law*  should  be  made  and  bur- 
dens distributed. 

3.  Religious  freedom  secured. 

ARTICLE   IX. 

QUALIFICATIONS  FOR  OFFICE. 
SECTION 
1.    Qualified  electors  only  eligible. 


ARTICLE  XII. 

EDUCATION. 
SECTION 

1.  Duty  of  general  assembly  to 

promote  schools,  etc. 

2.  The  permanent  school  fund. 

3.  Donations     for      support     of 

schools. 

4.  Powers    of    general    assembly 

under  this  article. 


PREAMBLE. 

WE,  the  people  of  the  State  of  Rhode  Island  and 
Providence  Plantations,  grateful  to  Almighty  God  for 
the  civil  and  religions  liberty  which  he  hath  so  long 
permitted  us  to  enjoy,  and  looking  to  Him  for  a  bless- 
ing upon  our  endeavors  to  secure  and  to  transmit  the 
same  unimpaired  to  succeeding  generations,  do  ordain 
and  establish  this  constitution  of  government, 
i 


SCHOOL    MANUAL. 


ARTICLE   I. 

Declaration  of  Certain  Constitutional  Rights  and 
Principles. 

In  order  effectually  to  secure  the  religious  and  polit- 
ical freedom  established  by  our  venerated  ancestors, 
and  to  preserve  the  same  for  our  posterity,  we  do 
'declare  that  the  essential  and  unquestionable  rights 
and  principles  hereinafter  mentioned  shall  be  estab- 
lished, maintained  and  preserved,  and  shall  be  of 
paramount  obligation  in  all  legislative,  judicial  and 
executive  proceedings. 

SECTION  2.  All  free  governments  are  instituted  for 
the  protection,  safety  and  happiness  of  the  people. 
All  laws,  therefore,  should  be  made  for  the  good  of 
the  whole ;  and  the  burdens  of  the  State  ought  to  be 
fairly  distributed  among  its  citizens. 

SEC.  3.  Whereas  Almighty  God  hath  created  the 
mind  free ;  and  all  attempts  to  influence  it  by  tempo- 
ral punishments  or  burdens,  or  by  civil  incapacitations, 
tend  to  beget  habits  of  hypocrisy  and  meanness  ;  and 
whereas  a  principal  object  of  our  venerable  ancestors, 
in  their  migration  to  this  country  and  their  settlement 
of  this  State,  was,  as  they  expressed  it,  to  hold  forth 
a  lively  experiment,  that  a  flourishing  civil  State  may 
stand  and  be  best  maintained  with  full  liberty  in  relig- 
ious concernments :  we,  therefore,  declare  that  no 
man  shall  be  compelled  to  frequent  or  to  support  any 
religious  worship,  place,  or  ministry  whatever,  except 
in  fulfilment  of  his  own  voluntary  contract ;  nor  en- 


EXTRACTS  FROM  CONSTITUTION  OF  RHODE 'ISLAND.        3 

forced,  restrained,  molested,  or  burdened  in  his  body 
or  goods  ;  nor  disqualified  from  holding  any  office ; 
nor  otherwise  suffer  on  account  of  his  religious  belief ; 
and  that  every  man  shall  be  free  to  worship  God  ac- 
cording to  the  dictates  of  his  own  conscience,  and  to 
profess  and  by  argument  to  maintain  his  opinion  in 
matters  of  religion  ;  and  that  the  same  shall  in  no  wise 
diminish,  enlarge,  or  affect  his  civil  capacity. 

ARTICLE   IX. 
Of  Qualifications  for  Office. 

SECTION  1.  No  person  shall.be  eligible  to  any  civil 
office,  (except  the  office  of  school  committee),  unless 
he  be  a  qualified  elector  for  such  office. 

ARTICLE   XII. 

Of  Education. 

SECTION  1.  The  diffusion  of  knowledge,  as  well  as 
of  virtue,  among  the  people,  being  essential  to  the 
preservation  of  their  rights  and  liberties,  it  shall  be 
the  duty  of  the  general  assembly  to  promote  public 
schools,  and  to  adopt  all  means  which  they  may  deem 
necessary  and  proper  to  secure  to  the  people  the  ad- 
vantages and  opportunities  of  education. 

SEC.  2.  The  money  which  now  is  or  which  may 
hereafter  be  appropriated  by  law  for  the  establishment 
of  a  permanent  fund  for  the  support  of  public  schools, 
shall  be  securely  invested,  and  remain  a  perpetual  fund 
for  that  purpose. 

SEC.  3.     All  donations  for  the   support  of   public 


SCHOOL    MANUAL. 


schools,  or  for  other  purposes  of  education,  which  may 
be  received  by  the  general  assembly,  shall  be  applied 
according  to  the  terms  prescribed  by  the  donors. 

SEC.  4.  The  general  assembly  shall  make  all  nec- 
essary provisions  by  law  for  carrying  this  article  into 
effect.  They  shall  not  divert  said  money  or  fund  from 
the  aforesaid  uses,  nor  borrow,  appropriate,  or  use  the 
same,  or  any  part  thereof,  for  any  other  purpose,  un- 
der any  pretence  whatsoever. 


EXTRACTS  FROM  THE  PUBLIC  STATUTES 

OF  THE 

STATE  OF  RHODE  ISLAND 

RELATING    TO 

PUBLIC    INSTRUCTION. 


IN  THE  YEAR  OF  OUR  LORD  1882. 


TITLE    V. 

CHAPTER   28. 
Of  the  Permanent  School  Fund. 

SECTION  SECTION 

1.  General  Treasurer  to  regulate  State  for  public   schools  and 

the    custody    of    the  school  ;  forfeited  by  any  town,  to  be 

fund,  and  to  keep  the  same  added  to  the  school  fund, 

invested.  4.    Additions  to  said  fund  to  be 

2.  Money  paid    to  the  State    by  \  invested. 

auctioneers,  to  be  added  to        5.    Income  of  the  fund  to  be  ap- 
the  school  fund.  propriated    for    the  support 

3.  Money    appropriated    by    the  of  public  schools. 

SECTION  1.     The  general  treasurer,  with  the  advice 
of  the  governor,  shall  have  full  power  to  regulate  the 


SCHOOL    MANUAL. 


custody  and  safe  keeping  of  the  fund  now  constituting 
the  permanent  fund  for  the  support  of  public  schools, 
and  shall  keep  the  same  securely  invested  in  the  capital 
stock  of  some  safe  and  responsible  bank  or  banks  or 
in  bonds  of  towns  or  cities  within  this  State. 

SEC.  2.  The  money  that  shall  be  paid  into  the  State 
treasury  by  auctioneers,  for  duties  accruing  to  the 
use  of  the  State,  is  appropriated,  and  the  same  shall 
annually  be  added  to  said  school  fund,  for  the  perma- 
nent increase  thereof. 

SEC.  3.  Whenever  any  money  appropriated  to  any 
town  from  the  State  treasury,  for  the  support  of  public 
schools  therein,  shall  have  been  forfeited  by  such  town, 
the  same  shall  be  added  to  said  school  fund,  and  shall 
forever  remain  a  part  thereof. 

SEC.  4.  The  general  treasurer,  with  the  advice  of 
the  governor,  shall  from  time  to  time  securely  invest 
all  sums  of  money  hereby  directed  to  be  added  to  said 
fund,  in  the  capital  stock  of  some  safe  and  responsible 
bank  or  banks  or  in  bonds  of  any  town  or  city  within 
this  State. 

SEC.  5.  The  income  arising  from  said  fund  so  in- 
vested shall  annually  be  appropriated  for  the  support 
of  public  schools  in  the  several  towns. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION. 


TITLE    VII. 


CHAPTER   34. 

Of  the  Powers  of,  and  of  Suits  by  and  against  Towns. 


SECTION 

5.  Power     to     vote     and     grant 

money  for  schools  and  libra- 
ries. 

6.  Power  to  establish  free  public 

libraries. 


SECTION 

7.  Power  to  appropriate  money 
for  maintenance,  etc.,  of  such 
libraries. 


SECTION  5.  Towns  may,  at  any  legal  meeting,  grant 
and  vote  such  sums  of  money  as  they  shall  judge  nec- 
essary :  ******** 
For  the  support  of  schools,  purchase  of  sites  for  and 
the  building  and  repair  of  school-houses  ;  and  for  the 

establishing  and  maintaining  of  school  libraries  ; 

*          ********          * 

SEC.  6.  The  electors  of  the  city  of  Providence,  at 
the  annual  election  for  members  of  the  city  council, 
may,  by  a  majority  vote  of  such  electors  voting,  and 
the  electors  in  every  other  town  qualified  to  vote  upon 
any  proposition  to  impose  a  tax,  or  for  the  expenditure 
of  money  in  such  town,  may,  by  a  majority  vote  of 
such  electors  voting  at  the  annual  meeting  for  the  elec- 
tion of  town  officers,  or  members  of  the  city  council 
therein,  appropriate  a  sum  not  exceeding  twenty-five 
cents  on  each  one  hundred  dollars  of  the  ratable  prop- 
erty of  such  town  in  the  year  next  preceding  such  ap- 
propriation, for  the  foundation  therein  of  a  free  public 
library,  with  or  without  branches,  for  all  the  inhabit- 


SCHOOL    MANUAL. 


ants  thereof,  and  to  provide  suitable  rooms  for  such 
library,  which  shall  be  used  under  such  regulations  as 
may  from  time  to  time  be  prescribed  by  the  town 
council  of  such  town,  or  city  council  of  such  city. 

SEC.  7.  Any  town  having  established  a  free  public 
library  therein,  in  manner  as  aforesaid,  may  annually, 
by  the  majority  vote  of  the  electors  thereof,  qualified 
as  aforesaid,  and  voting  on  the  proposition,  appropri- 
ate a  sum  not  exceeding  twenty  cents  on  each  one 
thousand  dollars  of  its  ratable  property,  in  the  year 
next  preceding  such  appropriation,  for  the  mainte- 
nance and  increase  of  such  library  therein,  and  may 
take,  receive,  hold  and  manage  any  devise,  bequest 
or  donation  for  the  establishment,  increase  or  mainte- 
nance of  a  public  library  therein,  to  be  under  such 
regulations  for  its  government,  when  they  are  not  pre- 
scribed by  its  donor,  as  may  from  time  to  time  be 
prescribed  by  the  town  council  of  such  town,  or  the 
city  council  of  such  city  :  Provided,  that  the  town  of 
Pawtucket  may  appropriate  a  sum  not  exceeding  thirty 
cents  on  each  one  thousand  dollars  of  its  ratable  prop- 
erty. 


STATUTES    RELATING   TO    PUBLIC    INSTRUCTION. 


TITLE    VIII. 

CHAPTER   46. 

General  Provisions  concerning  Taxes. 
SECTION  SECTION 


1.  Towne  may  provide  for  deduc- 

tion, if  tax  is  paid,  and  im- 
pose a  percentage,  if  tax  is 
not  paid. 

2.  Officers  neglecting  to  perform 

duties  required  of  them,  lia- 
ble to  be  indicted. 


3.  Town  taxes  to  have  preference, 

in  cases  of  insolvency. 

4.  Compensation      of      assessors, 

town  clerks    and    collectors. 

5.  Provisions  of  this  title  applica- 

ble  to    highway   and    school 
district  taxes. 


SECTION  1.  Any  town  may  provide  for  such  deduc- 
tion from  the  tax  assessed  against  any  person,  if  paid 
by  an  appointed  time,  or  for  such  penalties  by  way  of 
percentage  on  a  tax,  if  not  paid  at  the  time  appointed, 
not  exceeding  twelve  per  centum  per  annum,  as  they 
shall  deem  necessary  to  insure  punctual  payment. 

SEC.  2.  Every  officer  who  shall  neglect  or  refuse 
to  perform  any  duty  imposed  on  him  in  this  title,  or 
who  shall  not  comply  with  the  provisions  thereof,  or 
who  shall  in  anywise  knowingly  violate  any  provisions 
thereof,  shall  be  imprisoned  not  exceeding  one  year  or 
be  fined  not  exceeding  five  hundred  dollars,  which  fine, 
in  case  it  be  a  state  tax,  shall  be  paid  into  the  state 
treasury,  or  if  a  town  tax,  into  the  town  treasury,  or 
if  a  school  district  tax,  into  the  school  district  treas- 
ury, or  if  a  fire  corporation  tax,  into  the  fire  corpora- 
tion treasury. 

SEC.  3.  Whenever  any  person  shall  become  insol- 
vent, or  die  insolvent,  town  taxes  due  from  him  or  his 


10  SCHOOL    MANUAL. 


estate  shall  have  preference,  after  debts  or  taxes  due 
the  United  States  and  this  state,  over  all  other  debts 
or  demands,  save  those  due  for  necessary  funeral 
charges,  and  for  attendance  and  medicine  during  his 
last  sickness. 

SEC.  4.  Assessors  shall  receive  such  compensation 
as  the  town  shall  allow  ;  town  clerks  shall  be  paid  for 
copying  tax  bills  as  for  other  copies  ;  and  collectors 
shall  be  paid  for  collecting  at  the  rate  of  five  per  cent- 
um, unless  they  shall  have  agreed  with  the  town  for  a 
less  sum ;  which  fees  shall  be  paid  out  of  the  town 
treasury.  In  case  of  distraint  of  personal  property, 
or  levy  on  land,  the  collector  shall  have  the  same  fees 
as  sheriffs  have  in  similar  cases. 

SEC.  5.  The  provisions  of  this  title  shall  apply  to 
all  highway  and  school  district  taxes,  so  far  as  they 
may  be  applicable. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         11 

TITLE   IX. 

OF    PUBLIC    INSTRUCTION. 


CHAPTER  47.  Of  the  board  of  education. 

CHAPTER  48.  Of  the  commissioner  of  public  schools. 

CHAPTER  49.  Of  the  appropriation  for  public  schools. 

CHAPTER  50.  Of  the  powers  and  duties  of  towns  and  of  the  town  treasurer 

and  town  clerk  relative  to  public  schools. 

CHAPTER  51.  Of  the  powers  of  school  districts. 

CHAPTER  52.  Of  district  meetings. 

CHAPTER  53.  Of  joint  school  districts. 

CHAPTER  54.  Of  the  levy  of  district  taxes. 

CHAPTER  55.  Of  the  trustees  of  school  districts. 

CHAPTER  56.  Of  the  powers  and  duties  of  school  committees; 

CHAPTER  57.  Of  teachers. 

CHAPTER  58.  Of  legal  proceedings  relating  to  public  schools. 

CHAPTER  59.  Of  the  normal  school,  teachers  institutes'  and  lectures. 

CHAPTER  60.  Of  truant  children  and  absentees  from  school. 

CHAPTER  61.  General  provisions  relating  to  public  schools. 

CHAPTER  62.  Of  state  scholarships  in  Brown  University. 

CHAPTER  63.  Of  the  state  census. 


HECTIOK 


CHAFPER  47. 

Of  the  Board  of  E 


Board  of  education,  how  con- 
stituted, and  duties  of. 

How  divided,  and  term  of 
office. 

Vacancies,  how  rilled. 

Officers  of. 

To  hold  quarterly  meetings,  and 
prescribe  necessary  rules,  etc. 


SECTION 


Appropriation  for  free  public 

libraries. 

Board  to  establish  rules,  etc. 
Payments  how  to  be  made. 


9.    Board  to  report  to  general  as- 

sembly. 

10.    Travelling    expenses    of,    how 
paid. 


SECTION    1.     The   general   supervision  and  control 
of   the  public   schools  of  the   state,   with   such  high 


12  SCHOOL    MANUAL. 

schools,  normal  schools  and  normal  institutes,  as  are 
or  may  be  established  and  maintained  wholly  or  in  part 
by  the  state,  shall  be  vested  in  a  state  board  of  educa- 
tion, which  shall  consist  of  the  governor  and  the  lieu- 
tenant-governor as  members,  by  virtue  of  their  office, 
and  of  one  other  member  from  each  of  the  counties  of 
the  state,  with  the  exception  of  Providence  county, 
which  shall  have  two  other  members.  The  board 
of  education  shall  elect  the  commissioner  of  public 
schools. 

SEC.  2.  The  members  of  the  board  of  education 
shall  continue  to  be  divided  into  three  classes,  and  to 
hold  their  offices  until  the  terms  for  which  they  were 
respectively  elected  shall  have  expired. 

SEC.  3.  Two  members  of  the  board  of  education 
shall  be  elected  annually  at  the  May  session  of  the 
general  assembly,  in  grand  committee,  from  the  coun- 
ties in  which  vacancies  shall  occur  in  said  board,  who 
shall  hold  office  for  three  years,  and  until  their  succes- 
sors shall  have  been  elected  and  qualified ;  vacancies 
in  said  board  shall  be  filled  for  any  unexpired  term  by 
an  election  from  the  county  for  which  the  member 
whose  office  is  vacant  was  elected,  in  the  same  man- 
ner, at  any  session  of  the  general  assembly. 

SEC.  4.  The  governor  shall  be  president,  and  the 
commissioner  of  public  schools  shall  be  secretary  of 
the  board  of  education. 

SEC.  5.  The  board  of  education  shall  hold  quar- 
terly meetings  in  the  first  week  of  March,  June,  Sep- 
tember and  December  of  each  year,  at  the  office  of  the 
commissioner  of  public  schools,  and  may  hold  special 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         13 

meetings  at  the  call  of  the  president  or  secretary. 
They  shall  prescribe,  and  cause  to  be  enforced,  all 
rules  and  regulations  necessary  for  carrying  into  effect 
the  laws  in  relation  to  public  schools. 

SEC.  G.  The  board  of  education  may  cause  to  be 
paid  annually  to  and  for  the  use  of  each  free  public 
library  established  and  maintained  in  the  state,  and  to 
be  expended  in  the  purchase  of  books  therefor,  a  sum 
not  exceeding  fifty  dollars  for  the  first  five  hundred 
volumes  included  in  such  library,  and  twenty-five  dol- 
lars for  every  additional  five  hundred  volumes  therein  : 
1'i'oriilHl,  that  the  annual  payment  for  the  benefit  of 
any  one  such  library  shall  not  exceed  the  sum  of  five 
hundred  dollars. 

SEC.  7.  The  board  of  education  shall  from  time 
to  time  establish  rules  prescribing  the  character  of 
the  books  which  shall  constitute  such  a  library  as  will 
In-  entitled  to  the  benefits  conferred  by  the  preceding 
section,  regulating  the  management  of  such  library  so 
as  to  secure  the  free  use  of  the  same  to  the  people  of 
the  town  and  neighborhood  in  which  it  shall  be  estab- 
lished, and  directing  the  mode  in  which  the  sums  paid 
in  pursuance  of  this  chapter  shall  be  expended.  No 
library  shall  receive  any  benefit  under  the  foregoing 
provisions,  unless  such  rules  shall  have  been  complied 
with  by  those  in  charge  thereof,  nor  until  they  shall 
have  furnished  to  said  board  satisfactory  evidence  of 
the  number  and  character  of  the  books  contained  in 
said  library. 

SKC.  S.  Every  payment  herein  authorized  shall  be 
made  by  the  general  treasurer  upon  the  order  of  the 
commissioner  of  public  schools,  approved  by  the  board 

2 


14  SCHOOL    MANl'AL. 


of  education,  and  payable  to  the  librarian  or  other 
person  having  charge  of  such  library  or  of  the 'funds 
applied  to  its  support  designated  by  said  board. 

SEC.  9.  The  board  of  education  shall  make  an  an- 
nual report  to  the  general  assembly  at  the  adjourned 
session  in  Providence. 

SEC.  10.  The  members  of  said  board  shall  receive 
no  compensation  for  their  services,  but  the  general 
treasurer  shall  pay,  upon  the  order  of  the  state  audit- 
or, the  necessary  expenses  of  the  members,  when  at- 
tending the  meetings  of  the  board,  or  when  travelling 
on  official  business  within  the  state,  after  the  bills 
have  been  approved  by  the  general  assembly. 


CHAPTER   48. 
Of  the  Commissioner  of  Public  ftc 

SECTION  SECTION 

1.  Commissioner,  how  elected.  4.    To  secure  uniformity  of  text- 

2.  May  employ  a  clerk.  books. 

3.  Duties  of  the  commissioner.  j      5.    To  report  to  board  of  education. 

• 

SECTION  1.  There  shall  be  annually  elected  a  com- 
missioner of  public  schools  in  the  manner  prescribed 
in  the  preceding  chapter,  who  shall  devote  his  time 
exclusively  to  the  duties  of  his  office.  In  case  of  sick- 
ness, temporary  absence,  or  other  disability,  the  gov- 
ernor may  appoint  a  person  to  act  as  commissioner 
during  such  absence,  sickness  or  disability. 

SEC.  2.  He  may  employ  a  clerk  to  assist  in  the  du- 
ties of  his  office  at  an  annual  compensation  not  exceed- 
ing five  hundred  dollars. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         15 

SEC.  3.  The  commissioner  of  public  schools  shall 
visit,  as  often  as  practicable,  every  school  district 
in  the  state,  for  the  purpose  of  inspecting  the 
schools,  and  diffusing  as  widely  as  possible,  by  public 
addresses  and  personal  communications  with  school 
officers,  teachers  and  parents,  a  knowledge  of  the 
defects,  and  of  any  desirable  improvements  in  the 
administration  of  the  system  and  the  government  and 
instruction  of  the  schools. 

SEC.  4.  He  shall,  under  the  direction  of  the  board 
of  education,  recommend  and  bring  about,  as  far  as 
practicable,  a  uniformity  of  text-books  in  the  schools 
of  all  the  towns  ;  and  shall  assist  in  the  establishment 
of,  and  selection  of  books  for,  school  libraries. 

SEC.  5.  He  shall  annually,  in  December,  make  a 
report  to  the  board  of  education,  upon  the  state  and 
condition  of  the  schools  and  of  education,  with  plans 
and  suggestions  for  the  improvement  of  said  schools. 


CHAPTER  49. 
Of  the  Appropriations  for  Public  Schools. 


SECTION 

1.  Appropriation    from  the  state 

treasury. 

2.  How  apportioned. 

3.  How  to  be  expended. 

4.  Conditions  upon  which  towns 

shall  receive  their  proportion. 

5.  Forfeiture  of  town's  proportion. 

6.  Orders  on  the  general  treasurer. 

7.  Appropriation  to  purchase  dic- 


SECTION 


tionaries,    etc.,     for     public 

schools. 
How   apportioned. — Of   orders 

on  state  treasurer  for  same. 
Of    future    apportionments    in 

case       applications      exceed 

amount  of  appropriation. 
Of   appropriation   for  evening 

schools. 


SECTION  1.     The  sum    of   ninety  thousand  dollars 
shall  be  annually  paid  out  of  the  income  of  the  per- 


16  SCHOOL    MANUAL. 


manent  school  fund,  and  from  other  money  in  the 
treasury,  for  the  support  of  public  schools  in  the  sev- 
eral towns,  on  the  order  of  the  commissioner  of  public 
schools. 

SEC.  2.  The  sum  of  sixty-three  thousand  dollars 
of  the  amount  aforesaid  shall  be  apportioned  annually, 
in  May,  by  the  commissioner  of  public  schools  among 
the  several  towns,  in  proportion  to  the  number  of  chil- 
dren therein  under  the  age  of  fifteen  years,  according 
to  the  census  of  the  United  States,  or  of  this  state, 
then  last  preceding ;  and  the  sum  of  twenty-seven 
thousand  dollars  shall  be  apportioned  among  the  sev- 
eral towns  in  proportion  to  the  number  of  school  dis- 
tricts in  each  town. 

SEC.  3.  The  money  appropriated  from  the  state  as 
aforesaid  shall  be  denominated  teachers'  money,  and 
shall  be  applied  to  the  wages  of  teachers,  and  to  no 
other  purpose. 

SEC.  4.  No  town  shall  receive  any  part  of  such 
state  appropriation,  unless  it  shall  raise  by  tax  for 
the  support  of  public  schools,  a  sum  equal  to  the 
amount  it  may  receive  from  the  treasury  for  the  sup- 
port of  public  schools. 

SEC.  5.  If  any  town  shall  neglect  or  refuse  to 
raise  or  appropriate  the  sum  required  in  the  preceding 
section  on  or  before  the  first  day  of  July,  in  any  year, 
its  proportion  of  the  public  money  shall  be  forfeited, 
and  the  general  treasurer,  on  being  informed  thereof 
in  writing  by  the  commissioner  of  public  schools,  shall 
add  it  to  the  permanent  school  fund. 

SEC.   6.     The  commissioner  of  public  schools  shall 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         17 

draw  orders  on  the  general  treasurer  for  their  propor- 
tion of  the  appropriation  for  public  schools,  in  favor 
of  all  such  towns  as  shall  on  or  before  the  first  day  of 
July  annually  comply  with  the  conditions  of  section 
four  of  this  chapter. 

SEC.  7.  The  sum  of  three  thousand  dollars  shall 
be  annually  appropriated  for  the  purchase  of  diction- 
aries, encyclopedias  and  other  works  of  reference, 
maps,  globes  and  other  apparatus  for  the  use  of  the 
public  schools  of  the  state. 

SEC.  8.  Said  sum  of  three  thousand  dollars  shall 
be  apportioned  among  the  several  towns  and  districts 
as  follows  :  Every  town  or  district  desiring  to  avail 
itself  of  this  appropriation  shall  make  application 
therefor  to  the  commissioner  of  public  schools,  and 
with  said  application  shall  file  proper  vouchers  that  at 
least  an  amount  equal  to  that  asked  for  from  the  state 
has  been  raised  or  appropriated  for  the  same  purpose 
by  the  town  or  district.  Upon  the  receipt  of  said  ap- 
plication and  vouchers,  the  commissioner  of  public 
schools  may  draw  his  order  on  the  general  treasurer 
in  favor  of  said  applicant  to  an  amount  not  to  exceed 
fifty  dollars  in  any  one  year,  in  favor  of  any  town  not 
divided  into  districts,  and  not  to  exceed  twenty  dollars 
in  favor  of  any  district :  Provided,  that  the  gross 
amount  in  any  one  fiscal  year  shall  not  exceed  three 
thousand  dollars. 

SEC.  9.  In  case  the  number  and  amount  of  appli- 
cations in  any  one  fiscal  year  shall  exceed  the  limit  of 
the  appropriation,  the  commissioner  of  public  schools 
shall  record  the  date  of  each  application,  and  in  the 
apportionment  for  the  following  year  such  recorded 

2* 


18 


SCHOOL    MANUAL. 


applications  shall  have  the  preference  in  the  order  of 
their  dates. 

SEC.  10.  There  shall  be  an  annual  appropriation 
for  the  support  and  maintenance  of  evening  schools  in 
the  several  towns  of  this  state,  under  the  general  su- 
pervision of  the  state  board  of  education,  who  shall 
apportion  said  appropriation  annually  among  the  sev- 
eral towns,  and  draw  orders  therefor  on  the  general 
treasurer. 


CHAPTER  50. 

Of  the  Powers  and  Duties  of  Towns  and  of  the  Town 
Treasurer  and  Town  Clerk  relative  to  Public  Schools. 


SECTION. 


Towns  shall  maintain  schools 
with  or  without  districts. 

Towns  may  be  divided  into 
districts. 

Towns  may  provide  school- 
houses  for  districts. 

School  committee,  how  and 
when  chosen. 

Superintendent,  how  appoint- 
ed, his  duties  and  compensa- 
tion. 

Town  treasurer  to  receive  and 
keep  account  of  school  money, 
and  credit  school  account  with 
amount  received  for  registry 
taxes. 


SECTION. 

7.  To  submit  statement  of  school 

money  to  committee. 

8.  To  transmit  statement  of  money 

raised  and  paid  out,  to  com- 
missioner. 

9.  Town  clerks  to  record  bounda- 

ries  of   districts,  and   distri- 
bute school  documents. 

10.  Annual  census  of  children   of 

school  age. 

11.  Blanks,  by  whom  provided,  and 

to  call  for  what  information. 

12.  Census  returns  to  be  arranged, 

etc. 


SECTION  1.  Every  town  shall  establish  and  main- 
tain, with  or  without  forming  districts,  a  sufficient 
number  of  public  schools,  at  convenient  places,  under 
the  management  of  the  school  committee,  subject  to 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         19 

the  supervision  of  the  commissioner  of  public  schools 
as  provided  by  this  title. 

SEG.  2.  Any  town  may  be  divided  by  a  vote  thereof, 
into  school  districts. 

SEC.  3.  Any  town  may  vote,  in  a  meeting  notified 
for  that  purpose,  to  provide  school-houses,  together 
with  the  necessary  fixtures  and  appendages  thereof,  in 
all  the  districts,  if  there  be  districts,  at  the  common 
expense  of  the  town :  Provided,  that  if  any  district 
shall  provide,  at  its  own  expense,  a  school-house  ap- 
proved by  the  school  committee,  such  district  shall  not 
be  liable  to  be  taxed  by  the  town  to  provide  or  repair 
school-houses  for  the  other  districts. 

SEC.  4.  The  school  committee  of  each  town  shall 
consist  of  three  residents  of  the  town,  or  of  such 
number  as  at  the  present  time  constitute  the  commit- 
tee, and  they  shall  be  divided  as  equally  as  may  be, 
into  three  classes,  whose  several  terms  of  office  shall 
expire  at  the  end  of  three  years  from  the  dates  of 
their  respective  elections ;  and  in  the  case  of  the  first 
election  of  a  school  committee  under  this  chapter,  the 
terms  of  office  of  the  three  classes  shall  be  respect- 
ively one  year,  two  years  and  three  years  ;  the  classes 
and  their  terms  of  office  to  be  determined  by  lot  by  the 
committee  at  their  first  meeting  after  their  election. 
As  the  office  of  each  class  shall  become  vacant,  such 
vacancy  or  vacancies  shall  be  filled  by  the  town  at  its 
annual  town  meeting  for  the  election  of  state  or  town 
officers,  or  by  the  town  council  at  its  next  meeting 
thereafter.  In  case  of  a  vacancy  by  death,  resigna- 
tion, or  otherwise  than  is  above  provided,  such  vacancy 
shall  be  filled  by  the  town  council,  until  the  next  an- 


20  SCHOOL    MANUAL. 


nual  town  meeting  for  state  or  town  officers,  when  it 
shall  be  filled  for  the  unexpired  term  thereof  as  is 
above  provided. 

SEC.  5.  Any  town  at  its  annual  town  meeting  may 
elect,  or  failing  to  do  so,  its  school  committee  shall 
appoint,  a  superintendent  of  the  schools  of  the  town, 
to  perform,  under  the  advice  and  direction  of  the  com- 
mittee, such  duties,  and  to  exercise  such  powers  as 
the  committee  shall  assign  to  him,  and  to  receive  such 
compensation  out  of  the  town  treasury  as  the  town 
shall  vote.  In  case  of  a  vacancy  it  shall  be  filled 
until  the  next  annual  town  meeting  by  the  school  com- 
mittee. 

SEC.  6.  The  town  treasurer  shall  receive  the  money 
due  the  town  from  the  state  for  public  schools,  and 
shall  keep  a  separate  account  of  all  money  appropri- 
ated by  the  state  or  tow^n  or  otherwise  for  public 
schools  in  the  town,  and  shall  pay  the  same  to  the 
order  of  the  school  committee,  and  he  shall  credit  the 
public  school  account,  on  the  first  Monday  of  May  in 
each  year,  with  the  total  amount  of  money  received  by 
him  for  registry  taxes  during  the  year  ending  the 
thirtieth  day  of  April  last  preceding. 

SEC.  7.  The  town  treasurer  shall,  before  the  first 
day  of  July  in  each  year,  submit  to  the  school  com- 
mittee a  statement  of  all  moneys  applicable  to  the 
support  of  public  schools  for  the  current  school  year 
specifying  the  sources  of  the  same. 

SEC.  8.  The  town  treasurer  shall,  on  or  before  the 
first  day  of  July,  annually,  transmit  to  the  commis- 
sioner of  public  schools  a  certificate  of  the  amount 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         21 


which  the  town  has  voted  to  raise  by  tax  for  the  sup- 
port of  public  schools  for  the  current  year ;  and  also  a 
statement  of  the  amount  paid  out  to  the  order  of  the 
school  committee  and  from  what  sources  it  was  derived 
for  the  year  ending  the  thirtieth  day  of  April  next 
preceding ;  and  until  such  return  is  made  to  the  com- 
missioner, he  may,  in  his  discretion,  withhold  the  order 
for  the  money  in  the  state  treasury  belonging  to  such 
town. 

SEC.  9.  The  town  clerk  shall  record  the  bounda- 
ries of  school  districts  and  all  alterations  thereof  in  a 
book  to  be  kept  for  that  purpose,  and  shall  distribute 
such  school  documents  and  blanks  as  shall  be  sent  to 
him  to  the  persons  for  whom  they  are  intended. 

SEC.  10.  The  town  clerks,  or  some  person  whom 
the  board  of  aldermen  of  any  city,  or  the  town  council 
of  any  town  shall  appoint  for  the  purpose,  shall  annu- 
ally, in  the  month  of  January,  take  or  cause  to  be 
taken,  a  census  of  all  persons  between  the  ages  of  five 
and  fifteen  years  inclusive,  residing  within  the  limits 
of  their  respective  towns  on  the  first  day  of  said  Jan- 
uary. 

SEC.  11.  The  blank  forms  required  to  carry  out 
the  requirements  of  the  preceding  section  shall  be 
furnished  by  the  commissioner  of  public  schools  to 
each  town,  on  or  before  the  first  day  of  December  in 
each  year,  and  they  shall  call  in  substance  for  the  fol- 
lowing information,  namely,  the  name,  age,  number  of 
weeks'  attendance  upon  any  school,  parents'  name  and 
residence,  of  each  person  enumerated. 

SEC.  12.  The  returns  of  said  census  shall  be  alpha- 
betically arranged  and  deposited  in  the  hands  of  the 


22 


SCHOOL    MANUAL. 


school  committees  of  the  several  towns  oil  or  before 
the  first  day  of  April  in  each  year ;  and  the  receipt  of 
the  chairman  or  clerk  of  the  school  committee  to  the 
effect  that  the  above  returns  have  been  so  received  by 
him  shall  be  forwarded  to  the  commissioner  of  public 
schools,  before  he  shall  draw  his  order  for  the  pay- 
ment of  any  portion  of  the  public  money  to  that  town. 


CHAFIER  51. 


Of  the  Powers  of  /School  Districts  and  /School  Officers . 


SECTION. 

1.  School  district  a  body  corpo- 

rate. 

2.  Powers  of  school  district. 

3.  District  may  build  and  repair 

school-houses,  etc. 

4.  May  raise  money  by  tax. 

5.  Officers  of  the  district. 

6.  Powers  and  duties  of  district 

officers. 


SECTION. 

7.  District  taxes,  how  collected. 

8.  Town  collector  may  collect. 

9.  District  neglecting  to  organize, 

committee      may      establish 
school. 

10.    District  may  devolve  its  duties 
and  powers  on  the  committee. 


SECTION  1.  Every  school  district  shall  be  a  body 
corporate,  and  shall  be  known  by  its  number,  or  other 
suitable  designation. 

SEC.  2.  Every  school  district  may  prosecute  and 
defend  in  all  actions  in  which  said  district  or  its  officers 
are  parties,  may  purchase,  receive,  hold  and  convey 
real  or  personal  property  for  school  purposes,  and  may 
establish  and  maintain  a  school  library. 

SEC.  3.  Every  such  district  may  build,  purchase, 
hire  and  repair  school-houses,  and  supply  the  same 
with  blackboards,  maps,  furniture  and  other  necessary 
and  useful  appendages,  and  may  insure  the  house  and 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         23 


appendages  against  damage  by  lire:  Provided,  that 
the  erection  and  repairs  of  the  school-house  shall  be 
made  according  to  the  plans  approved  by  the  school 
committee,  or  on  appeal,  by  the  commissioner  of  public 
schools. 

SEC.  4.  Every  such  district  may  raise  money  by 
tax  on  the  ratable  property  of  the  district,  \o  support 
public  schools,  and  to  carry  out  the  powers  given  them 
by  any  of  the  provisions  of  this  title :  Provided,  that 
the  amount  of  the  tax  shall  be  approved  by  the 
school  committee  of  the  town. 

SEC.  5.  Every  such  district  shall  annually  elect  a 
moderator,  a  clerk,  a  treasurer,  a  collector  and -either 
one  or  three  trustees,  as  the  district  shall  decide,  and 
may  fill  vacancies  in  either  of  said  offices  at  any  legal 
meeting.  The  moderator  may  administer  the  oath  of 
office  to  all  the  other  officers  of  the  school  district. 

SEC.  (>.  The  clerk,  collector  and  treasurer,  within 
their  respective  school  districts,  shall  have  the  like 
power,  and  shall  perform  like  duties,  as  the  clerk,  col- 
lector and  treasurer  of  a  town ;  but  the  clerk,  col- 
lector and  treasurer  need  not  give  bond,  unless  required 
by  the  district. 

SEC.  7.  All  district  taxes  shall  be  collected  by  the 
district  or  town  collector,  in  the  same  manner  as  town 
taxes  are  collected. 

SEC.  8.  Any  district  may  vote  to  place  the  collec- 
tion of  any  district  tax  in  the  hands  of  the  collector 
of  town  taxes,  who  shall  thereupon  be  fully  author- 
ized to  proceed  and  collect  the  same,  upon  giving  bond 
therefor  to  the  district,  satisfactory  to  the  school  com- 
mittee. 


24  SCHOOL    MANUAL. 


SEC.  9.  If  any  school  district  shall  neglect  to 
organize,  or  if  organized,  shall  for  any  space  of  six 
months,  neglect  to  establish  a  school  and  employ  a 
teacher,  the  school  committee  of  the  town  may  them- 
selves or  by  an  agent  establish  a  school  in  the  dis- 
trict school-house,  or  elsewhere  in  the  district,  in  their 

discretion,  and  employ  a  teacher. 

• 

SEC.  10.  Any  district  may,  with  the  consent  of  the 
school  committee,  devolve  all  the  powers  and  duties 
relating  to  public  schools  in  the  district  on  the  school 
committee. 


CHAPTER  r>2. 
Of  District 


SECTION 


1.  Meeting  for  organization,  notice 
of,  how  and  by  whom  to  be 
given. 

•2.     Annual  meetings,  when  held. 

3.  Special  meetings,  how  called. 

4.  District  meetings,  where  held. 


SECTION 

5.  Notice  of  time  and  place,  how 

to  be  given. 

6.  Qualification  of  voters. 

7.  Clerk  to  record  names  of  voters 

on  request. 


SECTION  1.  Notice  of  the  time,  place  and  object 
of  holding  the  first  meeting  of  a  district  for  organiza- 
tion, or  for  a  meeting  to  choose  officers  or  transact 
other  business,  in  case  there  be  no  trustees  authorized 
to  call  a  meeting,  shall  be  given  by  the  school  commit- 
tee of  the  town  at  such  time  and  in  such  manner  as 
they  may  deem  proper. 

SEC.  2.  Every  school  district  when  organized  shall 
hold  an  annual  meeting  in  the  month  of  April  of  each 
year,  for  choice  of  officers  and  for  the  transaction  of 
any  other  business  relating  to  schools. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         25 


SEC.  3.  The  trustees  may  call  a  special  meeting 
for  election  or  other  business  at  any  time,  and  shall 
call  one  to  be  held  within  seven  days  on  the  written 
request  of  any  five  qualified  electors  stating  the  object 
for  which  they  wish  it  called  ;  and  if  the  trustees  neg- 
lect or  refuse  to  call  a  special  meeting  when  requested, 
the  school  committee  may  call  it  and  fix  the  time  there- 
for. 

SEC.  4.  District  meetings  shall  be  held  in  the 
school-house,  unless  otherwise  ordered  by  the  district. 
If  there  be  no  school-house,  or  place  appointed  by  the 
district  for  district  meetings,  the  trustees,  or  if  there 
be  no  trustees,  the  school  committee  shall  determine 
the  place,  which  shall  always  be  within  the  district. 

SEC.  5.  Notice  of  the  time  and  place  of  every  an- 
nual meeting,  and  of  the  time,  place  and  object  of 
every  special  meeting  shall  be  given,  either  by  pub- 
lishing the  same  in  a  newspaper  published  in  the  dis- 
trict, or  by  posting  the  same  in  two  or  more  public 
places  in  the  district  for  five  days  before  holding  the 
same. 

SEC.  G.  Every  person  residing  in  the  district  may 
vote  in  district  meetings,  to  the  same  extent  and  with 
the  same  restrictions  as  he  might  at  the  time  vote  in 
town  meeting ;  but  no  person  shall  vote  upon  any 
question  of  taxation  of  property,  or  expending  money 
raised  thereby,  unless  he  shall  have  paid  or  be  liable 
to  pay,  a  portion  of  the  tax. 

SEC.  7.  The  clerk  of  the  district  shall  record  the 
number  and  names  of  the  persons  voting,  and  on 
which  side  of  the  question,  at  the  request  of  any  qual- 
ified voter. 


26  SCHOOL    MANUAL. 


CHAPTER  53. 

Of  Joint  School  Districts. 


SECTION 


School  for  advanced  children 
may  be  established  by  ad- 
joining districts. 

Such  districts  to  constitute  a 
school  district. 

Meeting  for  organization,  time 


and  place  of. 
Public    money,    proportion    of 

each    district,    how    drawn, 

and  to  whom  paid. 
Consolidated    districts    in    the 

same  town,  powers  of. 


SECTION 


8.  Joint    districts    in     different 

towns,  how   formed. 

9.  Meeting  for  organization,  how 

and  by  whom  called. 

10.  Powers    and    supervision    of 

such  district. 

11.  What  portion  of  public  money 

entitled  to. 

12.  Corporate      property,      how 

owned. 

13.  Apportionment    of    property 

when  districts  are  divided. 

6.  To  receive  public  money  as  if  !      14i    District  added  to  another  own- 

not  united.  ing  property,  to  pay  its  pro- 

7.  Mode  of  organization.  portion,  if  demanded. 

SECTION  1.  Any  two  or  more  adjoining  school  dis- 
tricts in  the  same  or  adjoining  towns,  may,  by  a  con- 
current vote,  establish  a  school  for  the  older  and  more 
advanced  children  of  such  districts. 

SEC.  2.  Such  associating  districts  shall  constitute  a 
school  district  for  the  purposes  of  providing  a  school- 
house,  fuel,  furniture  and  apparatus,  and  for  the  elec- 
tion of  a  board  of  trustees,  to  consist  of  one  member 
from  each  district  so  associating,  and  for  levying  a  tax 
for  school  purposes,  with  all  the  rights  and  privileges 
of  a  school  district,  so  far  as  such  school  is  concerned. 

SEC.  3.  The  time  and  place  for  the  meeting  for 
organization  of  such  associate  district  may  be  fixed 
by  the  school  committees,  and  any  one  or  more  of  the 
associating  districts  may  delegate  to  the  trustees  of 
such  school,  the  care  and  management  of  its  primary 
school. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         27 

SEC.  4.  The  school  committee  of  the  town  or  towns 
in  which  such  school  shall  be  established,  shall  draw 
an  order  in  favor  of  the  trustees  of  such  school,  to  be 
paid  out  of  the  public  money  appropriated  to  each  dis- 
trict interested  in  such  school,  in  proportion  to  the 
number  of  scholars  from  each. 

SEC.  5.  Any  two  or  more  adjoining  school  dis- 
tricts in  the  same  town  may,  by  concurrent  vote,  with 
the  approbation  of  the  school  committee,  unite  ancl  be 
consolidated  into  one  district  for  the  purpose  of  sup- 
porting public  schools,  and  such  consolidated  district 
shall  have  all  the  powers  of  a  single  district. 

SEC.  G.  Such  consolidated  district  shall  be  entitled 
to  receive  the  same  proportion  of  public  money  as  such 
districts  would  receive  if  not  united. 

SEC.  7.  The  mode  of  organizing  such  consolidated 
district  and  calling  the  first  meeting  thereof  shall  be 
regulated  or  prescribed  by  the  school  committee,  and 
notice  thereof  given  as  prescribed  in  section  five  of 
chapter  fifty-two. 

SEC.  8.  Two  or  more  adjoining  districts  or  parts 
of  districts,  in  adjoining  towns,  may  be  formed  into  a 
joint,  school  district  by  the  school  committees  of  such 
towns  concurring  therein,  and  all  joint  districts  which 
have  been  or  shall  be  formed,  may  by  them  be  altered 
or  discontinued. 

SEC.  9.  The  meeting  for  organization  of  such  joint 
district  shall  be  called  by  the  school  committees  of 
such  towns,  and  notice  thereof  shall  be  given  as  pre- 
scribed in  section  five  of  chapter  fifty-two. 


28  SCHOOL    MANUAL. 


SEC.  10.  Such  joint  district  shall  have  all  the  pow- 
ers of  a  single  school  district,  and  shall  be  regulated 
in  the  same  manner,  and  shall  be  subject  to  the  super- 
vision and  management  of  the  school  committee  of 
the  town  in  which  the  school  is  located. 

SEC.  11.  A  whole  district  making  a  portion  of 
such  joint  district,  shall  be  entitled  to  its  proportion 
of  public  money,  in  the  same  manner  as  if  it  had  re- 
mained a  single  district ;  and  whenever  part  of  a  dis- 
trict is  taken  to  form  a  portion  of  such  joint  district, 
the  school  committee  of  the  town  of  which  such  district 
is  a  part  shall  assign  to  it  its  reasonable  proportion. 

SEC.  12.  Whenever  any  two  or  more  districts  shall 
be  consolidated,  the  new  district  shall  own  all  the  cor- 
porate property  of  the  several  districts. 

SEC.  13.  Whenever  a  district  is  divided,  and  a 
portion  taken  from  it,  the  funds  and  property,  or  the 
income  and  proceeds  thereof,  shall  be  divided  among 
the  several  parts,  in  such  manner  as  the  school  com- 
mittee of  the  town  or  towns  to  which  the  districts  be- 
long, may  determine. 

SEC.  14.  Whenever  a  part  of  one  district  is  added 
to  another  district  or  part  of  a  district  owning  a  school- 
house  or  other  property,  such  part  shall  pay  to  the  dis- 
trict or  part  of  a  district  to  which  it  is  added,  if 
demanded,  such  sum  as  the  school  committee  may 
determine,  towards  paying  for  such  school-house  and 
other  property. 


STATUTES    RELATING   TO    PUBLIC    INSTRUCTION.        29 


CHAFJTER  54. 

Of  the  Levy  of  District  Taxes. 


SECTION 


1.    District  taxes,  how  levied. 


SECTION 


Abatement  of  taxes,  how  and 


2.  Town  assessors  to  assess  value  when  to  be  made. 

of  property,  in  what  cases.  7.    School-house  and  taxes  of  joint 

3.  Notice  of  such  assessment,  how  districts,  by  whom  to  be  ap- 

given.  proved. 

4.  Commissioner  in  certain  cases  8.    Assessment  of  taxes  in  joint 


may  order  assessment. 
Errors  in  assessment,  how  cor- 
rected. 


districts. 


SECTION  1.  District  taxes  shall  be  levied  on  the 
ratable  property  of  the  district,  according  to  its  value 
in  the  town  assessment  then  last  made,  unless  the  dis- 
trict shall  direct  such  taxes  to  be  levied  according  to 
the  next  town  assessment ;  and  no  notice  thereof  shall 
be  required  to  be  given  by  the  trustees. 

SEC.  2.  The  trustees  of  any  school  district,  if  un- 
able to  agree  with  the  parties  interested  with  regard  to 
the  valuation  of  any  property  in  such  district,  shall 
call  upon  one  or  more  of  the  town  assessors  not  inter- 
ested, and  not  residing  in  the  district,  to  assess  the 
value  of  such  property  so  situated,  in  the  following 
cases,  namely  :  Whenever  any  real  estate  in  the  dis- 
trict is  assessed  in  the  town  tax  bill  with  real  estate 
out  of  the  district,  so  that  there  is  no  distinct  or  sepa- 
rate value  upon  it ;  whenever  any  person  possessing 
personal  property  shall  remove  into  the  district  after 
the  last  town  assessment ;  whenever  a  division  and 
apportionment  of  a  tax  shall  become  necessary  by 
reason  of  the  death  of  any  person,  or  the  sale  of  such 

3* 


30  SCHOOL    MANUAL. 


property  ;  whenever  a  person  has  invested  personal 
property  in  real  estate  and  shall  call  upon  the  trustees 
to  place  a  value  thereon  ;  and  whenever  property  shall 
have  been  omitted  in  the  town  valuation. 

SEC.  3.  The  assessors  shall  give  notice  of  such 
assessment,  by  posting  up  notices  thereof  for  ten  days 
next  prior  to  such  assessment,  in  three  public  places 
in  the  district ;  and  after  notice  is  given  as  aforesaid, 
no  person  neglecting  to  appear  before  the  assessors 
shall  have  any  remedy  for  being  overtaxed. 

SEC.  4.  If  a  district  tax  shall  be  voted,  assessed 
and  approved  of,  and  a  contract  legally  entered  into 
under  it,  or  such  contract  be  legally  entered  into  with- 
out such  vote,  assessment  or  approval,  and  said  dis- 
trict shall  thereafter  neglect  or  refuse  to  proceed  to 
assess  and  collect  a  tax  sufficient  to  fulfill  such  con- 
tract, the  commissioner  of  public  schools,  after  notice 
to  and  hearing  of  the  parties,  may  appoint  assessors 
to  assess  a  tax  for  that  purpose,  and  may  issue  a  war- 
rant to  the  collector  of  the  district,  or  to  a  collector 
by  him  appointed,  authorizing  and  requiring  him  to 
proceed  and  collect  such  tax. 

SEC.  5.  Errors  in  assessing  a  tax  may  be  corrected, 
or  the  tax  re-assessed,  in  such  manner  as  may  be 
directed  or  approved  by  the  commissioner  of  public 
schools. 

SEC.  (5.  Whenever  any  person  who  has  paid  a  tax 
for  building  or  repairing  a  school-house  in  one  district 
shall,  by  alteration  of  the  boundaries  thereof,  become 
liable  to  pay  a  tax  in  any  other  district,  if  such  per- 
son cannot  agree  with  the  district,  such  abatement  of 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         31 

the  tax  may  be  made  as  the  school  committee,  or  in 
case  of  a  district  composed  from  different  towns,  as 
the  commissioner  of  public  schools,  may  deem  just 
and  proper. 

SEC.  7.  Whenever  a  joint  district  shall  vote  to 
build  or  repair  a  school-house  by  tax,  the  amount  of 
the  tax  and  the  plan  and  specifications  of  the  building 
and  repairs  shall  be  approved  by  the  school  commit- 
tees of  the  several  towns,  or,  in  case  of  their  disagree- 
ment, by  the  commissioner  of  public  schools. 

SEC.  8.  In  case  of  assessing  a  tax  by  a  joint  or 
associate  district,  if  the  town  assessments  be  made  on 
different  -principles,  or  the  relative  value  be  not  the 
same,  the  relative  value  and  proportion  shall  be  ascer- 
tained by  one  or  more  persons,  to  be  appointed  by  the 
commissioner  of  public  schools,  and  the  assessment 
shall  be  made  accordingly. 


CHAPTER  55. 

Of  the  Trustees  of  /School  Districts. 


SECTION 

1.  Trustees    to      have     care     of 

school-houses    and      employ 
teachers. 

2.  To  provide  school-rooms  and 

visit  schools. 

3.  To  provide,  in  certain  cases, 

books  for  scholars. 

4.  To  make  tax  bills  and    issue 

warrants. 

5.  To    make    returns    to    school 

committee. 

6.  To  receive   no    compensation, 

unless  by  district  tax. 


SECTION 


ID. 


May  allow,  on  certain  condi- 
tions, scholars  from  without 
the  town  or  state  to  attend  the 
schools. 

School  committee,  similarly 
empowered,  if  town  is  not 
divided  into  districts. 

Disposition  of  money  received 
for  tuition. 

Attendance  of  scholars  from 
without  the  district,  where 
reckoned. 


32  SCHOOL    MANUAL. 


SECTION  1.  The  trustees  of  school  districts  shall 
have  the  custody  of  the  school-house  and  other  district 
property,  and  shall  employ  one  or  more  qualified  teach- 
ers for  every  fifty  scholars  in  average  daily  attendance. 

SEC.  2.  The  trustees  shall  provide  school- rooms 
and  fuel,  and  shall  visit  the  schools  twice  at  least  dur- 
ing each  term,  and  notify  the  committee  or  superin- 
tendent of  the  time  of  opening  and  closing  the  schools. 

SEC.  3.  The  trustees  shall  see  that  the  scholars  are 
properly  supplied  with  books,  and  in  case  they  are  not 
so  supplied,  and  the  parents,  guardians  or  masters 
have  been  notified  thereof  by  the  teacher,  shall  pro- 
vide the  same  at  the  expense  of  the  district  share  of 
the  town  school  appropriation,  subject  to  the  approval 
of  the  school  committee. 

SEC.  4.  The  trustees  shall  make  out  the  tax  bill 
against  the  persons  liable  to  pay  the  same,  and  deliver 
the  same  to  the  collector  with  a  warrant  by  them  signed 
annexed  thereto,  requiring  him  to  collect  and  pay  over 
the  same  to  the  treasurer  of  the  district. 

SEC.  5.  The  trustees  shall  make  returns  to  the 
school  committee  in  manner  and  form  prescribed  by 
them  or  by  the  commissioner,  or  as  may  be  required 
by  law,  and  perform  all  other  lawful  acts  required  of 
them  by  the  district,  or  necessary  to  carry  into  full 
effect  the  powers  and  duties  of  districts. 

SEC.  G.  The  trustees  shall  receive  no  compensation 
for  services  out  of  the  money  received  from  either  the 
state  or  town  appropriations,  nor  in  any  way,  unless 
raised  by  tax  by  the  district. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         33 


SEC.  7.  The  trustees  of  any  school  district  may 
allow  scholars  from  without  the  town  or  the  state,  to 
attend  the  public  schools  of  such  district,  on  such 
terms  as  the  trustees  may  determine  :  Provided,  that 
such  terms  shall  be  approved  by  the  school  committee. 

SEC.  8.  Whenever  a  town  shall  not  be  divided  into 
school  districts,  or  whenever  public  schools  shall  be 
provided  without  reference  to  such  division,  the  school 
committee  may  exercise  the  powers  provided  in  the 
preceding  section  to  be  exercised  by  trustees. 

SEC.  9.  All  moneys  received  for  tuition  as  herein- 
before provided  shall  be  paid  into  the  district  or  town 
treasury,  as  the  case  may  be,  and  shall  be  used  for 
school  purposes  only. 

SEC.  10.  No  attendance  upon  the  public  schools 
authorized  by  the  preceding  three  sections  shall  be 
reckoned  in  determining  the  average  attendance,  for 
the  purpose  of  regulating  the  distribution  of  school 
money,  but  such  average  attendance  shall  be  returned 
to  the  district  where  such  scholars  reside,  and  be  there 
reckoned  with  the  average  attendance  of  the  schools  of 
that  district,  upon  demand  of  the  trustees  thereof. 


34 


SCHOOL    MANUAL. 


CHAPTER  56. 

Of  the  Powers  and  Duties  of  School  Committees,  and 
Apportionment  and  Uses  of  School  Money. 


SECTION 

1.  Chairman     and     clerk,     how 

chosen  and  removed. 

2.  Stated    meetings,    when    held 

and  quorum  of. 

3.  Committee  may  alter  and  dis- 

continue districts. 

4.  To  locate  all  school-houses. 

5.  Land  for  school-house  sites,  if  I 

taken  without  owners'   con- 
sent, how  appraised. 

6.  Appeals,  how  taken. 

7.  Committee  to  examine  teachers, 

and  when  to  annul  certificates. 

8.  To  visit  schools,  when  aud  how 

often. 

9.  To  make  rules  and  regulations 

for  schools. 

10.  May  suspend  pupils. 


SECTION 

13.  Of  twenty-seven  thousand  dol- 

lars. 

14.  Of  registry  tax  and  other  funds. 

15.  Notice  of  apportionments  to  be 

given  to  trustee. 

16.  Orders  on  town  treasurer,  in 

what  cases  and  on  what  con- 
ditions, to  be  given. 

17.  Orders,  to  whom  payable. 

18.  Conditions  upon  which  orders 

are  to  be  given.  Attend- 
ance of  pupils  in  other  dis- 
tricts. 

19.  Money  forfeited  or  unexpended, 

how  to  be  divided. 

20.  Annual  reports  of  school  com- 

mittee. 

21.  Expense    of    printing  reports, 

how  to  be  paid. 

22.  Change    in  school-books,  how 

made. 


11.  Committee  to  manage  schools, 

if  town  is  not    divided   into 
districts. 

12.  Apportionment  of  the  town's 

share  of  sixty-three  thousand 
dollars. 

SECTION  1.  The  school  committee  of  each  town 
shall  choose  a  chairman  and  clerk,  either  of  whom  may 
sign  any  orders  or  official  papers,  and  may  be  removed 
at  the  pleasure  of  said  committee. 

SEC.  2.  The  school  committee  shall  meet  at  least 
four  times  in  every  year,  and  as  much  oftener  as  the 
state  of  the  schools  shall  require.  A  majority  of  the 
number  elected  shall  constitute  a  quorum,  unless  the 
committee  consist  of  more  than  six,  when  four  shall 
be  a  quorum,  but  any  number  may  adjourn. 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.        35 

SEC.  3.  The  school  committee  may  alter  and  dis- 
continue school  districts,  and  shall  settle  their  bounda- 
ries when  undefined  or  disputed ;  but  no  change  shall 
be  made  in  the  boundaries  of  any  district,  except  at  a 
meeting,  notice  of  which,  with  the  proposed  changes, 
has  been  posted  upon  the  school-houses  and  sent  to  the 
trustees  of  the  districts  whose  boundaries  are  liable  to 
be  affected,  for  at  least  five  days  before  holding  the 
same,  and  no  new  district  shall  be  formed  with  less 
than  forty  children  between  the  ages  of  four  and  six- 
teen, unless  with  the  approbation  of  the  commissioner 
of  public  schools  ;  and  the  clerk  of  the  committee  shall 
transmit  to  the  town  clerk  a  certified  copy  of  all  votes 
affecting  the  boundary  lines  of  the  districts  immedi- 
ately on  the  passage  thereof. 

SEC.  4.  The  school  committee  shall  locate  all 
school-houses,  and  shall  not  abandon  or  change  the 
location  of  any  without  good  cause. 

SEC.  5.  In  case  the  school  committee  shall  fix  upon 
a  location  for  a  school-house  in  any  district,  or  shall 
determine  that  the  school-house  lot  ought  to  be  en- 
larged, and  the  district  shall  have  passed  a  vote  to 
erect  a  school-house,  or  to  enlarge  the  school-house 
lot,  or  in  case  there  is  no  district  organization,  and 
the  committee  shall  fix  upon  a  location  for  a  school- 
house  and  the  proprietor  of  the  land  shall  refuse  to 
convey  the  same,  or  cannot  agree  with  the  district  for 
the  price  thereof,  the  school  committee  of  their  own 
motion,  or  on  application  of  the  district,  may  appoint 
three  disinterested  persons,  who  shall  notify  the  parties 
and  decide  upon  the  valuation  of  the  land ;  and  upon 
the  tender  or  payment  of  the  sum  so  fixed  on,  to  the 


36  SCHOOL    MANUAL. 


proprietor,  the  title  to  the  land  so  fixed  on  by  the 
school  committee,  not  exceeding  one  acre,  shall  vest 
in  the  district  for  the  purpose  of  maintaining  thereon 
a  school-house  and  the  necessary  appendages  thereof. 

SEC.  6.  An  appeal  in  such  case  shall  be  allowed 
to  the  court  of  common  pleas,  in  the  same  manner 
and  with  the  same  effect,  both  as  to  the  necessity  of 
taking  the  particular  land  condemned,  and  the  valua- 
tion thereof,  and  the  like  proceedings  thereon  shall  be 
had,  as  is  provided  by  law,  in  case  of  taking  land  for 
public  highways. 

SEC.  7.  The  school  committee  may  examine,  by 
themselves  or  by  some  one  or  more  persons  by  them 
appointed,  every  applicant  for  the  situation  of  teacher 
in  the  public  schools  of  the  town,  and  may  after  five 
days'  notice  in  writing  annul  the  certificate  of  such  as 
upon  examination  by  them  prove  unqualified,  or  will 
not  conform  to  the  regulations  of  the  committee,  and 
in  such  case  shall  give  immediate  notice  thereof  to  the 
trustee  of  the  district  in  which  such  teacher  is  em- 
ployed. 

SEC.  8.  The  school  committee  shall  visit,  by  one 
or  more  of  their  number,  every  public  school  in  the 
town,  at  least  twice  during  each  term,  once  within  two 
weeks  of  its  opening,  and  once  within  two  weeks  of 
its  close,  at  which  visits  they  shall  examine  the  regis- 
ter, and  matters  touching  the  school-house,  library, 
studies,  books,  discipline,  modes  of  teaching  and  im- 
provement of  the  school. 

SEC.  9.  The  school  committee  shall  make  and  cause 
to  be  put  up  in  each  school-house,  rules  and  regula- 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         37 

tious  for  the  attendance  and  classification  of  the  pupils, 
for  the  introduction  and  use  of  text-books  and  works 
of  reference,  and  for  the  instruction,  government  and 
discipline  of  the  public  schools,  and  shall  prescribe 
the  studies  to  be  pursued  therein,  under  the  direction 
of  the  commissioner  of  public  schools. 

SEC.  10.  The  school  committee  may  suspend  dur- 
ing pleasure  all  pupils  found  guilty  of  incorrigibly 
bad  conduct  or  of  violation  of  the  school  regulations. 

SEC.  11.  Where  a  town  is  not  divided  into  dis- 
tricts, or  shall  vote  in  a  meeting  duly  notified  for  that 
purpose  to  provide  schools  without  reference  to  such 
division,  the  school  committee  shall  manage  and  regu- 
late said  schools,  and  draw  all  orders  for  the  payment 
of  their  expenses. 

SEC.  12.  Whenever  the  public  schools  are  main- 
tained by  district  organization,  the  committee  shall 
apportion,  among  the  districts,  the  town's  proportion 
of  the  sum  of  sixty-three  thousand  dollars  received 
from  the  state,  one  half  equally,  and  one-half  accord- 
ing to  the  average  daily  attendance  of  the  schools  of 
the  preceding  year. 

SEC.  13.  Whenever  the  town  is  divided  into  school 
districts  having  the  management  of  their  own  concerns, 
the  committee  shall  apportion  equally  among  all  the 
districts  of  the  town,  the  town's  proportion  of  the 
sum  of  twenty-seven  thousand  dollars  received  from 
the  state. 

SEC.  14.  The  school  committee  shall  apportion  the 
money  received  from  the  town,  from  the  registry  tax, 
from  school  funds, ,  or  from  other  sources,  either 

4 


38  SCHOOL    MANUAL. 

equally  or  in  such  proportion  as  the  town  may  direct, 
and  for  want  of  such  direction,  then  in  such  manner 
as  they  deem  best. 

SEC.  15.  The  school  committee  shall  make  the  ap- 
portionment among  the  several  districts  as  provided  in 
the  preceding  three .  sections  on  or  before  the  first 
Monday  of  July  in  each  year,  and  immediately  there- 
after give  notice  to  the  trustees  of  the  amounts  so 
apportioned  to  each  district. 

SEC.  10.  The  school  committee  shall  draw  an  order 
on  the  town  treasurer  in  favor  of  such  districts  only,  as 
shall  have  made  a  return  to  them  in  manner  and  form 
prescribed  by  them  or  by  the  commissioner  of  public 
schools,  or  as  may  be  required  by  law,  from  which  it 
shall  appear  that  for  the  year  ending  on  the  first  day 
of  May  previous,  one  or  more  public  schools  have 
been  kept  for  at  least  six  months,  by  a  qualified 
teacher,  in  a  school-house  approved  by  the  committee 
or  commissioner,  that  the  money  designated  teachers' 
money,  received  the  year  previous,  has  been  applied 
to  the  wages  of  teachers  and  to  no  other  purpose,  and 
that  the  register,  properly  kept,  has  been  deposited 
with  the  committee  or  with  some  person  by  them  ap- 
pointed to  receive  the  same. 

SEC.  17.  Such  orders  may  be  made  payable  to  the 
trustees  or  their  order,  or  to  the  district  treasurer,  or 
teacher,  and  if  the  treasurer  receive  the  money,  he 
shall  pay  it  out  to  the  order  of  the  trustees. 

SEC.  18.  The  school  committee  shall  give  no  such 
order,  until  they  are  satisfied  that  the  services  have 
actually  been  performed  for  which  the  money  is  to  be 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION. 


paid,  and  that  the  average  attendance  of  the  school 
has  been  at  least  live  ;  and  they  shall  have  power,  in 
case  the  average  attendance  of  any  school  falls  below 
five,  to  suspend  said  school  in  their  discretion,  and  to 
make  such  other  provision  as  they  may  deem  best,  for 
the  attendance  of  the  children  properly  belonging  to 
said  school,  upon  some  other  public  school ;  but  such 
suspension  shall  not  work  the  forfeiture  of  the  public 
money  to  any  district,  provided  for  by  section  1(5  of 
this  chapter.  The  school  committee  may  allow  schol- 
ars residing  in  one  district  to  attend  school  in  any 
other  district. 

SEC.  19.  At  the  end  of  the  school  year,  any  money 
appropriated  to  any  district  which  shall  be  forfeited, 
and  the  forfeiture  not  remitted,  or  which  shall  remain 
unexpended,  shall  be  divided  by  the  committee  among 
the  districts  the  following  year. 

SEC.  20.  The  school  committee  shall  prepare  and 
submit  annually  to  the  commissioner  of  public  schools, 
on  or  before  the  first  day  of  July,  a  report  in  manner 
and  form  by  him  prescribed,  and  until  such  report  is 
made  to  the  commissioner,  he  may  refuse  to  draw  his 
order  for  the  money  in  the  state  treasury  belonging  to 
such  town  :  Prm-trled,  that  the  necessary  blank  for 
said  report  lias  been  furnished  by  the  commissioner  on 
or  before  the  first  day  of  May,  next  preceding ;  they 
shall  also  prepare  and  submit  annually  at  the  annual 
town  meeting,  a  report  to  the  town,  setting  forth  their 
doings,  the  state  and  condition  of  the  schools  and 
plans  for  their  improvement,  which  report,  unless 
printed,  shall  be  read  in  open  town  meeting,  and  if 
printed,  at  least  three  copies  shall  be  transmitted  to 


40 


SCHOOL    MANUAL. 


the  commissioner  on  or  before  the  first  day  of  July  in 
each  year. 

SEC.  21.  The  school  committee  may  reserve  annu- 
ally, out  of  the  public  appropriation,  a  sum  not  ex- 
ceeding forty  dollars,  to  defray  the  expense  of  printing 
their  annual  report. 

SEC.  22.  A  change  may  be  made  in  the  school- 
books  in  the  public  schools  of  any  town  by  a  vote  of 
two-thirds  of  the  whole  school  committee  ;  and  in  the 
city  of  Providence  by  a  vote  of  a  majority  of  all  the 
members  elected  to  the  school  committee,  notice  of 
the  proposed  change  having  been  given  in  writing  at  a 
previous  regular  meeting  of  said  committee  :  Provided, 
that  no  change  be  made  in  any  text-book  in  the  public 
schools  of  any  town  oftener  than  once  in  three  years, 
unless  by  the  consent  of  the  board  of  education. 


CHAPTER  57. 
Of  Teachers. 


SECTION 

1.  Certificate  of  qualification  re- 

quired. 

2.  Certificate  valid  for  how  long. 

3.  Qualifications  of  teachers. 

4.  When    teachers    may    be    dis- 

missed. 


SECTION 

5.  Teachers  to    keep  register  of 

scholars  attending  school  and 
prepare  return  of  the  district. 

6.  School    officers    ineligible    to 

teach  in  public  schools. 

7.  Moral  instruction. 


SECTION  1.  No  person  shall  be  employed  by  any 
trustee  to  teach  as  principal  or  assistant  in  any  school, 
supported  entirely  or  in  part  by  the  public  money,  un- 
less he  shall  have  a  certificate  of  qualification,  signed 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         41 

either  by  the  school  committee  of  the  town  or  by  some 
person  appointed  by  said  committee,  or  by  the  trustees 
of  the  normal  school. 

SEC.  2.  Such  certificate,  unless  annulled,  if  signed 
by  the  school  committee,  shall  be  valid  within  the  town 
for  one  year,  or  "for  such  portion  thereof  as  shall  be 
specified  in  said  certificate. 

SEC.  3.  The  school  committee  shall  not  sign  any 
certificate  of  qualification  unless  the  person  named 
in  the  same  shall  produce  evidence  of  good  moral  char- 
acter, and  be  found  on  examination  qualified  to  teach 
the  various  branches  required  to  be  taught  in  the 
school. 

SEC.  4.  The  school  committee  of  any  town  may, 
on  reasonable  notice  and  a  hearing  of  such  teacher, 
dismiss  any  teacher  for  refusal  to  conform  to  the  reg- 
ulations by  them  made,  or  for  other  just  cause,  and  in 
such  case  shall  give  immediate  notice  to  the  trustees 
of  the  district. 

SEC.  5.  Every  teacher  in  any  public  school  shall 
keep  a  register  of  the  names  of  all  the  scholars  attend- 
ing said  school,  their  sex,  age,  names  of  parents  or 
guardians,  the  time  when  each  scholar  enters  and 
leaves  the  school,  the  daily  attendance,  together  with 
the  days  of  the  month  on  which  the  school  is  visited 
by  any  officer  connected  with  public  schools,  and  shall 
prepare  the  return  of  the  district  to  the  school  com- 
mittee of  the  town. 

SEC.  G.  No  superintendent  of  schools,  or  member 
of  the  school  committee  of  any  town,  or  trustee  of  any 
school  district  shall,  so  long  as  he  continues  in  said 

4* 


42 


SCHOOL    MANUAL. 


office  of  superintendent,  member  of  the  school  com- 
mittee or  trustee  of  school  district,  be  eligible  or  em- 
ployed to  teach  as  principal  or  assistant  in  any  school, 
supported  entirely  or  in  part  by  the  public  money, 
within  the  town  where  said  superintendent,  member 
of  the  school  committee  or  trustee  ^resides. 

SEC.  7.  Every  teacher  shall  aim  to  implant  and 
cultivate  in  the  minds  of  all  children  committed  to  his 
care  the  principles  of  morality  and  virtue. 


CHAFIER  58. 
Of  Legal  Proceedings  relating  to  Public  Schools. 


SECTION 

1.  Appeals  from  decisions  relating 

to  public  schools,  to  who*m 
made ;  duty  of  commissioner 
to  hear  and  decide. 

2.  Statement  of  facts  may  be  pre- 

sented to  justice  of  supreme 
court. 

3.  Appeals,  rules   of,  prescribed 

by  commissioner. 

4.  Matters  in  dispute  may  be  sub- 

mitted to  commissioner  by 
agreement. 

5.  Votes  ordering   district  taxes, 

final,  unless  appealed  from. 


SECTION 

6.  Costs,  in  what  cases  not  to  be 

taxed  against  school  officers. 

7.  Suit  against  district  may  be  an- 

swered by  inhabitant  of  dis- 
trict. 

8.  Judgments  against  school   dis- 

tricts, how  satisfied. 

9.  Same  subject. 

10.  Process  against  school  district, 

how  to  be  served. 

11.  Record     of    clerk    of    district 

primu  facie  evidence. 

12.  Commissioner  may   remit  cer- 

tain tines,  penalties  and  for- 
feitures. 


SECTION  1.  Any  person  aggrieved  by  any  decision 
or  doings  of  any  school  committee,  district  meeting, 
trustees  or  in  any  other  matter  arising  under  this  title, 
may  appeal  to  the  commissioner  of  public  schools, 
who,  after  notice  to  the  party  interested  of  the  time 
and  place  of  hearing,  shall  examine  and  decide  the 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         43 

same  without  cost  to  the  parties :  Provided,  that 
nothing  contained  in  this  section  shall  be  so  construed 
as  to  deprive  such  aggrieved  party  of  any  legal  remedy. 

SEC.  2.  The  commissioner  of  public  schools  may, 
and  if  requested  on  hearing  such  appeal  by  either 
party  shall,  lay  a  statement  of  the  facts  of  the  case 
before  one  of  the  justices  of  the  supreme  court,  whose 
decision  shall  be  final. 

SEC.  3.  The  commissioner  of  public  schools  may 
from  time  to  time  prescribe  rules  regulating  the  time 
and  manner  of  taking  such  appeals,  and  rules  to  pre- 
vent appeals  for  trifling  and  frivolous  causes. 

SEC.  4.  Parties  having  any  matter  of  dispute  be- 
tween them  arising  under  this  title  may  agree  in  writ- 
ing to  submit  the  same  to  the  adjudication  of  said 
commissioner,  and  his  decision  therein  shall  be  final. 

SEC.  5.  If  no  appeal  be  taken  from  a  vote  of  a 
district  relating  to  the  ordering  of  a  tax,  or  from  the 
proceedings  of  the  officers  of  the  district  in  assessing 
the  same,  or  if  on  appeal,  such  proceedings  are  con- 
firmed, the  same  shall  not  again  be  questioned  before 
any  court  of  law  or  magistrate  whatsoever :  Provided, 
that  this  section  shall  not  be  so  construed  as  to  dis- 
pense with  legal  notice  of  the  meeting,  or  with  the 
approval  of  the  votes  or  proceedings  by  the  school 
committee  or  commissioner  of  public  schools,  when- 
ever the  same  is  required  by  law. 

SEC.  6.  In  any  civil  suit  before  any  court,  against 
any  school  officer,  for  any  matter  which  might  by  this 
chapter  have  been  heard  and  decided  by  the  commis- 
sioner of  public  schools,  no  costs  shall  be  taxed  for 


44  SCHOOL    MANUAL. 


the  plaintiff,   if   the  court  are  of   opinion  that  such 
officer  acted  in  good  faith. 

SEC.  7.  Any  inhabitant  of  a  district,  or  person 
liable  to  pay  taxes  therein,  may  be  allowed  by  any 
court  to  answer  a  suit  brought  therein  against  the  dis- 
trict, on  giving  security  for  costs,  in  such  manner  as 
the  court  may  direct. 

SEC.  8.  Whenever  judgment  shall  be  recovered  in 
any  court  of  record  against  any  school  district,  the 
court  rendering  judgment  shall  order  a  warrant  to  be 
issued,  if  no  appeal  be  taken,  to  the  assessors  of  taxes 
of  the  town  in  which  such  district  is  situated,  or  in 
case  of  a  joint  district,  composed  of  parts  of  towns, 
then  to  one  or  more  of  the  assessors  of  each  town, 
with  or  without  designating  them,  requiring  them  to 
assess  upon  the  ratable  property  in  said  district  a  tax 
sufficient  to  pay  the  debts  or  damages,  costs,  interest 
and  a  sum  in  the  discretion  of  the  court  sufficient  to 
defray  the  expenses  of  assessment  and  collection. 
Said  assessors  shall,  without  a  new  engagement,  pro- 
ceed to  assess  the  same,  giving  notice  as  in  case  of 
other  district  taxes. 

SEC.  9.  Said  warrant  shall  also  contain  a  direction 
to  the  collector  of  the  town,  or  in  case  of  a  joint  dis- 
trict, then  to  the  collector  of  either  town,  as  the  court 
may  direct,  requiring  him  to  collect  said  tax  ;  and  said 
warrant,  with  the  assessment  annexed  thereto,  shall 
be  a  sufficient  authority  for  the  collector,  without  a 
special  engagement,  to  proceed  and  collect  the  same 
with  the  same  power  as  in  case  of  a  town  tax ;  and 
when  collected,  he  shall  pay  over  the  same  to  the  par- 
ties to  whom  it  may  belong,  and  the  surplus,  if  any, 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         -45 


to  the  district.     And  the  court  may  require  a  bond  of 
the  collector. 

SEC.  10.  Whenever  any  writ,  summons  or  other 
process  shall  issue  against  any  school  district  in  any 
civil  suit,  the  same  may  be  served  on  the  treasurer  or 
clerk,  and  if  there  are  no  such  officers  to  be  found, 
the  officer  charged  with  the  same  may  post  up  a  certi- 
fied copy  thereof  on  the  door  of  the  school-house,  and 
if  there  be  no  school-house,  then  in  some  public  place 
in  the  district,  and  the  same,  when  proved  to  the  sat- 
isfaction of  the  court,  shall  constitute  a  sufficient  ser- 
vice thereof. 

SEC.  11.  The  record  of  the  district  clerk  that  a 
meeting  has  been  duly  or  legally  notified  shall  be  prima 
facie  evidence  that  it  has  been  notified  as  the  law  re- 
quires. The  clerk  shall  obtain  at  the  expense  of  the 
district  a  suitably  bound  book  for  keeping  the  record 
therein. 

SEC.  12.  The  commissioner  of  public  schools  may, 
by  and  with  the  advice  and  consent  of  the  board  of 
education,  remit  all  fines,  penalties  and  forfeitures  in- 
curred by  any  town,  district  or  person,  under  any  of 
the  provisions  of  this  title,  except  the  forfeiture  in- 
curred by  any  town  for  not  raising  its  proportion  of 
money. 


46  SCHOOL    MAM   AL. 


CHAPTER  ;VJ. 
Of  the  Normal  School,  Teacher s' Institutes  and  Lecture*. 


SECTION 

1.  Xormal  school,  management  of. 

2.  Qualifications  of  applicants  for 

tuition. 

3.  Diploma,  who  to  receive. 

4.  Trustees  to  examine  applicants 

to  teach. 

5.  When  may   pay   travelling  ex- 

penses of  pupils. 


SECTION 


Teachers  and  lecturers  for 
teachers'  institutes  and  edu- 
cational publications,  etc.,  ap- 
propriation for. 

Commissioner  of  public  schools 
to  account  to  state  auditor  for 


expenditures 


'- 


SEC.  1.  The  normal  school  shall  be  under  the  man- 
agement of  the  board  of  education  and  the  commis- 
sioner of  public  schools  as  a  board  of  trustees. 

SEC.  2.  All  applicants  from  the  several  towns  in 
the  state  shall  be  admitted  to  free  tuition  in  said 
school,  after  having  passed  such  an  examination  as 
may  be  prescribed  by  the  board  of  trustees,  and  after 
having  given  to  such  board  satisfactory  evidence  of 
their  intention  to  teach  in  the  public  schools  of  this 
state  for  at  least  one  year  after  leaving  the  said 
school. 

SEC.  3.  Persons  who  shall  have  passed  the  regular 
course  of  studies  at  the  normal  school  shall,  on  the 
written  recommendation  of  the  principal,  receive  a 
diploma  signed  by  the  trustees  of  the  school. 

SEC.  4.  The  said  trustees  may,  by  themselves  or  by 
a  committee  of  their  board,  examine  all  applicants  to 
teach  in  the  public  schools,  and  shall  give  certificates 
to  such  as  are  found  qualified  to  teach  school. 

SEC.  5.     The  trustees  of  the  normal  school  may  pay 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         47 

to  each  pupil  who  shall  reside  within  the  state,  and 
not  within  five  miles  of  said  school,  who  shall  have 
been  duly  admitted  thereto,  and  who  shall  have  at- 
tended the  regular  sessions  of  said  school  and  com- 
plied with  the  regulations  thereof,  during  the  term 
next  preceding  such  payments,  not  exceeding  ten  dol- 
lars for  each  quarter  year,  for  travelling  expenses,  but 
such  payments  in  the  aggregate  for  such  travelling  ex- 
penses shall  not  exceed  the  sum  of  fifteen  hundred 
dollars  in  any  one  year,  and  shall  be  made  to  the 
respective  pupils  entitled  to  the  same,  in  proportion 
to  the  distance  they  may  reside  from  said  school. 

SEC.  6-.  A  sum  not  exceeding  five  hundred  dollars 
shall  be  annually  paid  for  defraying  the  necessary  ex- 
penses and  charges  for  teachers  and  lecturers  for  teach- 
ers' institutes,  to  be  holden  under  the  direction  of  the 
commissioner  of  public  schools  ;  and  a  sum  not  exceed- 
ing three  hundred  dollars  shall  be  annually  paid 
under  the  direction  of  the  board  of  education  for  pub- 
lishing and  distributing  among  the  several  towns  edu- 
cational publications,  providing  lectures  on  educational 
topics  and  otherwise  promoting  the  interests  of  edu- 
cation in  the  state. 

SEC.  7.  The  commissioner  of  public  schools  shall 
render  an  annual  account  to  the  state  auditor  of  his 
expenditures  under  the  provisions  of  this  chapter 
witli  his  vouchers  therefor. 


48  SCHOOL    MANUAL. 


CHAPTER  60. 
Of  Truant  Children  and  Absentees  from  School. 


SECTION 
1.    Town  councils  may  make  or- 


SECTION 
4.     Approval  by  commissioner. 


dinances   respecting  truants;  >      5.    Payment    of  board,  etc.,  of  in- 
penalty  for  violation  thereof.  !  mates. 


2.  Truants,  etc.,  may  be  impris- 

oned, etc.,  when. 

3.  Industrial  school,  Providence, 

may  be  designated  by  whom. 


6.  Appointment  of  complainants. 

7.  Jurisdiction    over  truant  chil- 

dren. 


SEC.  1.  Town  councils  shall  make  needful  pro- 
visions and  arrangements  concerning  habitual  truants, 
and  children  not  attending  school  or  without  any  reg- 
ular and  lawful  occupation,  or  growing  up  in  ignorance, 
between  the  ages  of  six  and  sixteen  years,  and  also 
all  such  ordinances  respecting  such  children  as  shall 
be  deemed  most  conducive  to  their  welfare  and  to 
the  good  order  of  such  town,  and  may  provide  penal- 
ties for  the  breach  of  any  such  ordinance,  not  exceed- 
ing twenty  dollars  for  any  one  offence. 

SEC.  2.  Any  such  minor,  convicted  under  any  such 
ordinance  of  being  an  habitual  truant,  or  of  not  at- 
tending school,  or  of  being  without  any  lawful  occupa- 
tion, or  of  growing  up  in  ignorance,  may,  at  the 
discretion  of  the  court  having  jurisdiction  of  the  case, 
instead  of  being  fined  as  aforesaid,  be  committed  to 
any  institution  of  instruction  or  suitable  situation  pro- 
vided for  that  purpose. 

SEC.  3.  Any  town  council  or  board  of  aldermen 
may  designate  the  industrial  school  in  the  city  of  Prov- 
idence as  the  institution  of  instruction  or  suitable  sit- 
uation provided  for  in  the  preceding  section. 


STATUTES    RELATING    TO  .PUBLIC    INSTRUCTION.         49 

SEC.  4.  Before  any  ordinances  made  under  the 
authority  of  the  preceding  three  sections  shall  take 
effect,  they  shall  be  approved  by  the  commissioner  of 
public  schools. 

SEC.  5.  The  general  treasurer  shall  pay  to  the 
managers  of  the  industrial  school  of  the  city  of  Prov- 
idence a  sum  not  exceeding  two  dollars  per -week  for 
the  board,  clothing  and  instruction  of  children  com- 
mitted to  said  school  from  any  town,  in  accordance 
with  the  provisions  of  this  chapter. 

SEC.  6.  The  several  towns,  availing  themselves  of 
the  provisions  of  this  chapter  shall  appoint,  at  their 
annual  town  meetings,  or  annually,  by  their  town 
councils,  three  or  more  persons,  who  alone  shall  be  au- 
thorized to  make  the  complaints  in  case  of  violation  of 
said  ordinances,  and  said  persons  thus  appointed  shall 
alone  have  authority  to  carry  into  execution  the  judg- 
ment of  said  court. 

SEC.  7.  The  municipal  court  of  the  city  of  Provi- 
dence and  the  justice  courts  of  the  city  of  Newport 
and  of  the  several  towns  shall  have  jurisdiction  of  all 
cases  arising  under  this  chapter. 


50 


SCHOOL    MANUAL. 


CHAPTER   61. 

General  Provisions  relating  to  Public  Schools. 


SECTION 

1.  No     person     excluded     from 

school,  unless  by  general  rule. 

2.  School  officers  to  be  engaged. 

3.  Record  of  district  clerk, prima 

facie  evidence  of  engagement. 

4.  Tenure  of  office  of  school  offi- 

cers. 

5.  Penalty  for  neglect  of  duties. 

6.  School  committee,  board  of  ed- 

ucation and  commissioner, 
may  visit  schools  incorpora- 
ted or  aided  by  the  state. 

7.  Penalty  for  refusing  to  permit 

such  visitation. 

8.  Keeping  swine,  etc.,  near  school 

house,  prohibited. 

9.  Construction     of     the     word 

town. 


SECTION 

10.  Public  schools  in  city  of  Provi- 

dence, how  governed. 

11.  Taking  of  fees,  etc.,  for  pro- 

moting sale  or  exchange  of 
school  books,  etc.,  or  any  pe- 
cuniary interest  therein,  pro- 
hibited to  school  officers. 

12.  Offering  of  fees,  etc.,  to  public 

school  officers  for  such  pur- 
pose, prohibited. 

13.  Children  of    deceased  soldiers 

and  sailors,  when  admitted 
free  to  public  schools. 

14.  Pupils  not    allowed   to  attend 

public  schools  without  certif- 
icate of  vaccination. 

15.  Penalty  for  violation  of  provi- 

sions of  this  chapter. 


SECTION  1.  No  person  shall  be  excluded  from 
any  public  school  in  the  district  to  which  such  person 
belongs,  if  the  town  is  divided  into  districts,  or,  if  not 
so  divided,  from  the  nearest  public  school,  on  account 
of  race  or  color,  or  for  being  over  fifteen  years  of  age, 
nor  except  by  force  of  some  general  regulation  appli- 
cable to  all  persons  under  the  same  circumstances. 

SEC.  2.  Every  school  district  officer  elected  or  ap- 
pointed under  the  provisions  of  this  title,  except  the 
moderator  of  a  district  meeting,  shall  take  an  engage- 
ment before  some  person  authorized  to  administer 
oaths,  to  support  the  constitution  of  the  United  States, 
the  constitution  and  laws  of  this  state,  and  faithfully 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         51 

to  discharge  the  duties  of  his  office  so  long  as  he  shall 
continue  therein. 

SEC.  3.  The  record  of  the  district  clerk  that  any 
school  district  officer  has  been  duly  engaged,  shall  be 
prima  facie  evidence  thereof  ;  and  no  school  district 
officer  shall  enter  upon  the  duties  of  his  office,  with- 
out taking  an  engagement. 

SEC.  4.  Every  school  district  officer  elected  or  ap- 
pointed under  the  provisions  of  this  title  shall,  without 
a  new  engagement,  hold  his  office  until  the  time  of  the 
next  annual  election  or  appointment  for  such  office, 
and  until  his  successor  is  elected  or  appointed  and 
qualified. 

SEC.  5.  Every  officer  who  shall  make  any  false  cer- 
tificate, or  appropriate  any  public  school  money  to 
any  purpose  not  authorized  by  law,  or  who  shall  refuse 
for  a  reasonable  charge  to  give  certified  copies  of  any 
official  paper,  or  to  account  for  or  deliver  to  his  suc- 
cessor any  accounts,  papers  or  money  in  his  hands,  or 
shall  wilfully  or  knowingly  refuse  to  perform  any  duty 
of  his  office,  or  violate  any  provisions  of  any  law  regu- 
lating public  schools,  except  where  a  particular  penalty 
may  be  prescribed,  shall  be  fined  not  exceeding  five 
hundred  dollars,  or  be  imprisoned  not  exceeding  six 
months,  and  shall  be  liable  to  an  action  of  the  case 
for  damages,  to  be  brought  by  any  person  injured 
thereby. 

SEC.  6.  Any  school  receiving  aid  from  the  state, 
either  by  direct  grant  or  by  exemption  from  taxation, 
may  be  visited  and  examined  by  the  school  committee 
of  the  town,  in  which  such  school  is  situated,  and  by 


52  SCHOOL    MANUAL. 


the  members  of  the  board  of  education  and  the  com- 
missioner of  public  schools,  whenever  they  shall  deem 
it  advisable. 

SEC.  7.  "Whenever  such  school  shall  refuse  to  per- 
mit such  visitation,  when  requested,  its  exemption  from 
taxation  shall  thereafter  cease  and  be  determined. 

SEC.  8.  No  person  shall  keep  any  swine,  in  any  pen 
or  other  enclosure,  or  shall  keep,  or  suffer  to  be  kept, 
any  other  nuisance,  within  one  hundred  feet  of  any 
school-house,  or  within  one  hundred  feet  of  any  fence 
enclosing  the  yard  of  any  such  school-house. 

SEC.  9.  In  the  construction  of  this  title,  except  in 
the  construction  of  chapter  sixty  and  sections  six  and 
seven  of  this  chapter  and  section  twenty-two,  chapter 
fifty-six,  the  word  town  shall  include  the  city  of  Prov- 
idence only  so  far  as  to  entitle  said  -city  to  a  distribu- 
tive share  in  the  public  money,  upon  making  a  report 
to  the  commissioner  in  the  same  manner  as  the  school 
committees  of  other  towns  are  required  to  do. 

SEC.  10.  The  public  schools  in  said  city  shall  con- 
tinue, as  heretofore,  to  be  governed  according  to  such 
ordinances  and  regulations  as  the  proper  city  authori- 
ties may  from  time  to  time  adopt. 

SEC.  11.  No  superintendent  or  school  committee 
of  any  town,  or  any  person  officially  connected  with 
_the  government  or  direction  of  the  public  schools, 
shall  receive  any  private  fee,  gratuity,  donation  or 
compensation,  in  any  manner  whatsoever,  for  promo- 
ting the  sale  or  the  exchange  of  any  school-book,  map 
or  chart  in  any  public  school,  or  be  an  agent  for  the 
sale  or  the  publisher  of  any  school  text-book,  or  be 


STATUTES    RELATING   TO    PUBLIC    INSTRUCTION.         53 

directly  or  indirectly  pecuniarily  interested  in  the  in- 
troduction of  any  school  text-book,  and  any  such 
agency  or  interest  shall  disqualify  any  person  so  act- 
ing or  interested  from  holding  any  school  office  what- 
soever. 

SEC.  12.  No  person  shall  offer  to  any  public  school 
officer  any  fee,  commission  or  compensation  whatso- 
ever, as  an  inducement  to  effect  through  such  officer 
any  sale  or  promotion  of  sale,  or  exchange  of  any 
school-book,  map,  chart  or  school  apparatus. 

SEC.  13.  All  the  public  schools  in  the  state,  includ- 
ing the  state  normal  school,  shall  be  open  to  the  chil- 
dren of  officers  and  soldiers  belonging  to  the  state, 
mustered  into  the  service  of  the  United  States,  and  of 
those  persons  belonging  to  the  state,  and  serving  in 
the  navy  of  the  United  States,  and  who  died  in  said 
service  during  the  late  rebellion  against  the  authority 
of  the  United  States,  or  who  were  discharged  from 
said  service  in  consequence  of  wounds  or  disease  con- 
tracted in  said  service,  or  who  were  killed  in  battle, 
without  any  cost  or  expense  for  taxes,  or  other  charges 
imposed  for  purposes  of  public  education. 

SEC.  14.  No  person  shall  be  permitted  to  attend 
any  public  school  in  this  state  as  a  pupil,  unless  such 
person  shall  furnish  to  the  teacher  of  such  school  a 
certificate  of  some  practicing  physician  that  such  per- 
son has  been  properly  vaccinated  as  a  protection  from 
small  pox,  and  every  teacher  in  the  public  schools 
shall  keep  a  record  of  the  names  of  such  pupils  in 
their  respective  schools  as  have  presented  such  certifi- 
cate. 

5* 


54  SCHOOL    MANUAL. 


SEC.  15.  Every  person  violating  any  provision  of 
this  chapter  shall  be  fined  not  exceeding  fifty  dollars 
or  be  imprisoned  not  exceeding  thirty  days,  unless 
herein  otherwise  provided. 


CHAPTER    02. 
Of  /State  Scholarships  in  Brown  University. 

SECTION  SECTION 

1.    Of    the  nomination  of    candi-  2.    Candidates  to  be  selected,  how 

dates  for  state  scholarships  and  by  whom, 
in  Brown  University. 

SECTION  1.  The  senators  and  representatives  of 
the  several  towns  shall,  from  time  to  time  at  least 
once  in  each  year,  in  grand  committee,  propose  the 
names  of  young  men  of  the  several  towns,  of  proper 
age  and  character,  and  who  shall  not  have  the  means 
of  obtaining  an  education  for  themselves,  as  candi- 
dates for  state  scholarships  in  Brown  University,  on 
the  foundation  provided  by  the  act  of  congress,  ap- 
proved July  second,  one  thousand  eight  hundred  sixty- 
two,  donating  land  for  the  benefit  of  agricultural  and 
the  mechanic  arts,  in  accordance  with  a  resolution 
passed  at  the  January  session,  one  thousand  eight 
hundred  sixty-three,  assigning  to  Brown  University 
the  laud  scrip  granted  by  the  United  States  to  the 
state  of  Rhode  Island  for  the  establishment  of  an  ag- 
ricultural college. 

SEC.  2.  The  secretary  of  state  shall  receive  the 
names  of  all  persons  propounded  in  grand  committee 
as  candidates  for  state  scholarships  pursuant  to  the 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         55 

preceding  section,  and  shall  record  the  same  in  a  book 
to  be  kept  in  his  office  for  that  purpose  ;  and  the  gov- 
ernor and  secretary  of  state,  acting  with  the  president 
of  the  university,  shall,  on  or  before  commencement 
day  in  each  year,  and  as  often  in  each  year  besides  as 
occasion  may  require,  select  from  the  persons  so  pro- 
pounded in  grand  committee,  persons. to  fill  the  vacan- 
cies then  existing  in  said  scholarships  ;  and  they  shall 
make  such  selection  in  such  manner  that  the  people  of 
the  several  counties  shall,  from  time  to  time,  partici- 
pate in  the  benefits  of  said  national  donation  as  nearly 
as  may  be  practicable,  in  proportion  to  their  respective 
population,  according  to  the  then  last  census  of  the 
United  States. 


CHAPTER   63. 

Of  the  State  Census. 


SECTION 


1.  State  census,  when  to  be  taken. 

2.  What    information    to    be    in- 

cluded. 

3.  Of  the  census  board. 

4.  Duties  of  superintendent. 


SECTION 

5.    Agents  to  be  employed. 
a.    Special  agents. 

7.  Penalties  for  neglect  of  duty. 

8.  Compensation. 


SECTION  1.  A  census  of  the  population,  manufac- 
tures, agriculture,  fisheries  and  business  of  the  several 
towns  shall  be  taken  as  they  exist  on  the  first  day  of 
June,  one  thousand  eight  hundred  eighty-five  and 
every  tenth  year  thereafter. 

SEC.  2.  The  information  obtained  by  each  census 
shall  include  all  that  was  obtained  by  the  state  census 
in  the  year  one  thousand  eight  hundred  seventy-five, 


56  SCHOOL    MANUAL. 


together  with  such  additional  information  as  may  be 
deemed  necessary  by  the  census  board  hereinafter 
named. 

SEC.  3.  At  least  six  months  previous  to  the  date 
for  taking  the  census  in  each  census  year,  the  governor 
shall  appoint  a  superintendent  of  the  census,  who,  to- 
gether with  the  governor  and  the  secretary  of  state, 
shall  constitute  the  census  board,  which  shall  have  the 
charge  of  taking  the  census. 

SEC.  4.  The  superintendent  of  the  census,  acting 
under  the  advice  of  the  census  board,  shall  prepare 
and  print  all  the  necessary  blanks  for  taking  the  cen- 
sus, with  full  and  minute  instructions  to  the  agents  to 
be  employed,  and  shall  distribute  the  same  at  least 
one  mouth  before  the  first  day  of  June  in  the  census 
years.  The  superintendent  of  the  census  shall  also 
superintend  the  taking  of  the  census,  and  receive  the 
returns  when  completed.  He  shall  also  make  up  the 
tables  from  the  returns,  and  prepare  and  present  to 
the  general  assembly  a  report  on  the  census,  showing 
the  information  obtained  and  its  application  to  the 
promotion  of  the  interests  of  the  state. 

SEC.  5.  The  census  board  shall  appoint  the  agents 
to  be  employed  in  taking  the  census  in  the  several 
towns,  the  preference  being  given  to  those  nominated 
and  recommended  by  the  town  councils  of  each  town, 
unless  on  examination  they  shall  be  found  to  be  in- 
competent or  unsuitable  persons  ;  and  the  agents  em- 
ployed shall  complete  their  labors  and  make  their 
returns  to  the  superintendent  of  the  census,  on  or  be- 
fore the  fifteenth  day  of  July  in  the  census  year. 

SEC.   6.     The    census    board    may   employ    special 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         57 

agents  to  obtain  information  required  by  the  census 
whenever  in  their  opinion  the  information  can  be  ob- 
tained in  this  way  more  correctly  and  with  greater 
economy  to  the  state. 

SEC.  7.  If  the  superintendent,  or  any  other  person 
employed  under  the  provisions  of  this  chapter,  shall 
wilfully  neglect  to  perform  the  duties  required  by  it,  he 
shall  be  fined  not  exceeding  one  hundred  dollars  ;  and 
in  case  of  such  neglect  or  incompetency  the  census 
board  may  remove  any  such  person  and  appoint 
another  in  his  place  ;  and  if  any  person  shall  refuse 
to  give  the  information  required  to  be  obtained  by  the 
provisions  of  this  chapter,  he  shall  be  fined  not  ex- 
ceeding two  hundred  and  fifty  dollars. 

SEC.  8.  The  census  board  may  fix  the  amount  of 
compensation  to  be  paid  to  the  superintendent  of  the 
census  not  exceeding  one  thousand  dollars,  and  the 
compensation  of  agents  and  other  persons  employed 
under  the  provisions  of  this  chapter,  and  the  general 
treasurer  shall  pay  the  several  amounts  so  fixed,  upon 
the  order  of  the  governor. 


58 


SCHOOL    MANUAL. 


TITLE   XIII. 

OF    CERTAIN    STATE    CHARITIES. 


CHAPTER  78. 

Appropriations  for  the  Education  of  Indigent  Blind, 
Deaf  and  Dumb,  Idiotic  and  Imbecile  Persons. 


SECTION 

1.  Amount  annually  appropriated 
for  education  of  indigent 
blind,  deaf  and  dumb,  idi- 
otic and  imbecile  persons, 
and  where  to  be  expended. 


SECTION 

2  and  3.  Governor  how  to  select 
state  beneficiaries,  and  to 
draw  and  apply  appropria- 
tion. 

4.  Governor  may  draw  money  for 
clothing  for  beneficiaries. 


SECTION  1.  The  sum  of  six  thousand  dollars  an- 
nually is  appropriated  out  of  the  general  treasury,  for 
the  education  of  the  indigent  blind  of  this  state,  at  the 
Perkins  Institution  for  the  blind  at  South  Boston, 
Massachusetts ;  for  the  education  of  indigent  deaf 
mutes  of  this  state  at  the  American  Asylum  at  Hart- 
ford, Connecticut,  or  at  the  State  School  for  the 
deaf  at  Providence ;  and  for  the  education  of  such 
indigent  idiotic  and  imbecile  persons  of  this  state,  at 
institutions  now  established,  or  that  may  be  estab- 
lished within  or  without  the  state,  for  the  education 
and  improvement  of  such  idiotic  an<i  imbecile  persons. 

SEC.  2.  The  governor  may  select  such  indigent 
persons,  being  inhabitants  of  the  state,  as  he  shall 
deem  proper  as  state  beneficiaries,  and  may  determine 


STATUTES    RELATING   TO    PUBLIC    INSTRUCTION.         O(J 

the  amount  of  said  appropriations  to  be  applied  to  the 
education  of  each ;  so  that  no  one  person  shall  receive 
any  portion  thereof  for  more  than  five  years,  nor  shall 
any  state  beneficiary  at  said  American  Asylum  or  at 
said  State  School  for  the  deaf,  receive  more  than  one 
hundred  and  seventy-five  dollars  ;  at  the  Perkins  Insti- 
tution for  the  blind  more  than  three  hundred  dollars ; 
and  at  any  other  institution  more  than  one  hundred 
dollars,  in  any  one  year. 

SEC.  3.  The  governor  may  draw  upon  the  general 
treasurer,  from  time  to  time,  for  the  purposes  afore- 
said, his  drafts  therefor  not  to  exceed  in  the  whole 
in  any  one  year  the  amount  appropriated  in  section 
one  of  this  chapter. 

SEC.  4.  The  governor  may  draw  upon  the  general 
treasurer  for  whatever  sum  of  money  he  may  deem 
sufficient,  not  exceeding  the  sum  of  twenty  dollars 
yearly  in  any  one  case,  for  the  purpose  of  furnishing 
necessary  clothing  to  any  one  of  said  beneficiaries. 


60  SCHOOL    MANUAL. 


TITLE   XX. 

OF    THE    DOMESTIC    RELATIONS. 


CHAFTER  169. 
Of  Masters,  Apprentices  and  Laborers. 


SECTION.  ,     SECTION 


21.  Xo     factory    laborers    under 

twelve  years  of  age. 

22.  Under  fifteen  years  of  age,  to 

go  to  school,  when. 

23.  Hours  of  employment  in  fac- 

tory,    of     minor     between 


twelve  and  fifteen  years  of 
age. 

24.  Penalty  upon  owner  or  agent 

of  factory  for  breach  of  pre- 
ceding sections. 

25.  Limitation    of    complaint  for 

such  breach. 


SECTION  21.  No  minor  under  the  age  of  twelve 
years,  shall  be  employed  in  or  about  any  manufactur- 
ing establishment,  in  any  manufacturing  process,  or 
in  any  labor  incident  to  a  manufacturing  process. 

SEC.  22.  No  minor  under  the  age  of  fifteen  years 
shall  be  employed  in  any  manufacturing  establishment 
in  this  state  unless  such  minor  shall  have  attended 
school  for  a  term  of  at  least  three  months  in  the 
year  next  preceding  the  time  when  such  minor  shall 
be  so  employed ;  and  no  such  minor  shall  be  so  em- 
ployed for  more  than  nine  months  in  any  one  cal- 
endar year.  v 

SEC.  23.  No  minor  who  has  attained  the  age  of 
twelve  years,  and  is  under  the  age  of  fifteen  years, 
shall  be  employed  in  any  manufacturing  establishment 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         61 

more  than  eleven  hours  in  any  one  day,  nor  before 
five  o'clock  in  the  morning,  nor  after  half  past  seven 
o'clock  in  the  evening. 

SEC.  24.  Every  owner,  employer,  or  agent  of  a 
manufacturing  establishment,  who  shall  knowingly 
and  wilfully  employ  any  minor,  and  every  parent  or 
guardian  who  shall  permit  or  consent  to  the  employ- 
ment of  his  or  her  minor  child  or  ward,  contrary  to 
the  provisions  of  the  preceding  three  sections,  shall 
forfeit  twenty  dollars  for  each  offence,  to  be  recovered 
before  the  justice  court  in  the  town  in  which  such  child 
shall  reside,  or  in  which  the  manufacturing  establish- 
ment in  which  such  child  shall  have  been  employed 
shall  be  situated,  one-half  thereof  to  the  use  of  the 
complainant,  and  one-half  thereof  to  the  use  of  the 
district  school  of  the  district  in  which  such  manufac- 
turing establishment  shall  be  situated,  or,  if  in  the 
city  of  Providence,  to  the  use  of  the  public  schools  of 
said  city. 

SEC.  25.  Every  such  complaint  shall  be  commenced 
within  thirty  days  after  the  offence  complained  of  shall 
have  been  committed,  with  right  of  appeal  as  in  other 
criminal  cases. 


62  SCHOOL    MANUAL. 


TITLE   XXX. 

OF    CRIMES    AND    PUNISHMENTS. 

CHAPTER    241. 
Of  Offences  against  the  Public  Peace  and  Property. 

SECTION  7.    Disturbance  of  town,  ward,  religious,  school,  moral,  literary 
and  scientific  meetings,  how  to  be  punished. 

SECTION  7.  Every  person  who  shall  wilfully  inter- 
rupt or  disturb  any  town  or  ward  meeting,  any  as- 
sembly or  people  met  for  religious  worship,  any  public 
or  private  school,  any  meeting  lawfully  and  peaceably 
held  for  purposes  of  moral,  literary  or  scientific  im- 
provement, or  any  other  lawful  meeting,  exhibition  or 
entertainment,  either  within  or  without  the  place  where 
such  meeting  or  school  is  held,  shall  be  imprisoned  not 
exceeding  one  year  or  be  fined  not  exceeding  five  hun- 
dred dollars. 


CHAPTER  242. 
Of  Offences  against  Private  Property. 


SECTION 


45.    Malicious  mischief  to  books, 
etc.,  of  public  libraries,  how 


SECTION 


46.    Of  neglect  to    return   books, 
etc.,  to  public  libraries,  after 


to  be  punished.  due  notice. 

SECTION  45.  Every  person  who,  wilfully  and  ma- 
liciously or  wantonly  and  without  cause,  writes  upon, 
injures,  defaces,  tears  or  destroys  any  book,  pamphlet, 


STATUTES    RELATING    TO    PUBLIC    INSTRUCTION.         63 


plate,  picture,  engraving  or  statue,  or  any  other  prop- 
erty belonging  to  any  law,  town,  city,  or  other  free 
public  library,  or  suffers  any  such  injury  to  be  inflicted 
while  said  property  is  in  his  custody,  shall  be  fined  not 
less  than  one  dollar  nor  more  than  ten  dollars,  the 
same  to  be  for  the  use  of  the  library. 

SEC.  4C.  Every  person  who  shall  take  or  borrow 
from  any  law,  town,  city  or  other  free  or  public  library 
any  book,  pamphlet,  paper  or  other  property  of  said 
library  and  who,  upon  neglect  to  return  the  same  with- 
in the  time  required  and  specified  in  the  by-laws,  rules 
or  regulations  of  the  library  owning  the  property,  has 
been  notified  by  the  librarian  or  other  proper  custodian 
of  the  property  that  the  same  is  overdue,  shall  upon 
further  neglect  to  return  the  same  within  two  weeks 
from  the  date  of  such  notice,  be  considered  to  have 
unlawfully  converted  the  property  of  the  library  to  his 
own  use.  A  written  or  printed  notice,  given  person- 
ally or  sent  by  mail  to  the  last  known  or  registered 
place  of  residence,  shall  be  considered  a  sufficient  no- 
tice. 


PUBLIC  LAWS. 


PASSED  SINCE  THE  PUBLIC  STATUTES,  FEBRUARY  1,  1882. 


CHAPTER  291. 

An  act  to  establish  a  State  School  for  the  Deaf. 


SECTION  I  SECTION 


1.     State    school    for    deaf    estab- 
lished. 


}.    Travelling  expenses  of  indigent 
pupils,  allowance  for. 


2.    To  be  open  to  whom,  and  on        4.    Annual  appropriation,  and  how 
what  conditions.  drawn. 

SECTION  1.  The  state  board  of  education  are  here- 
by authorized  and  directed  to  establish  and  maintain  a 
day  school  for  the  education  of  the  deaf  and  semi- 
deaf  children  of  this  state. 

SEC.  2.  This  school  shall  be  open  for  the  educa- 
tion of  any  deaf  or  semi-deaf  resident  of  this  state 
without  cost ;  while  residents  from  other  states  may 
be  admitted  upon  the  payment  of  such  tuition  rates 
as  may  be  fixed  by  the  board  of  education. 

SEC.  3.  In  order  to  equalize  the  benefits  of  this 
school,  the  board  of  education  may  pay  the  travelling 


LAWS    RELATING    TO    PUBLIC    INSTRUCTION.  65 

expenses  of  such  indigent  pupils,  residing  in  this  state, 
as  they  may  deem  advisable,  provided  that  the  whole 
amount  thus  expended  shall  not  exceed  five  hundred 
dollars  annually. 

SEC.  4.  The  state  board  of  education  are  hereby 
authorized  to  draw  their  orders  on  the  general  treas- 
urer for  the  support  and  maintenance  of  said  school 
for  the  deaf,  to  an  amount  not  to  exceed  three  thou- 
sand dollars  in  any  one  year. 


CHAPTER  316. 

An  act  making  an  appropriation  for  the  R.  I.  School 
of  Dean/a . 


SECTION 

1.  Appropriation  for  R.  I.  School 

of  Design.  , 

2.  How  paid;  powers  of  board  of 

education. 


SECTION 

3.  Annual  report. 

4.  Ex-officio  directors. 


SECTION  1.  The  sum  of  five  hundred  dollars  is 
hereby  annually  appropriated  to  the  Rhode  Island 
School  of  Design. 

SEC.  2.  The  above  sum  shall  be  paid  by  the  gen- 
eral treasurer  upon  the  orders  of  the  state  board  of 
education,  who  are  hereby  empowered  and  authorized 
to  visit  and  examine  said  school  at  their  pleasure. 

SEC.  3.  The  directors  of  the  above  named  School 
of  Design  shall  make  an  annual  report  to  the  state 
board  of  education  in  manner  and  form  prescribed  by 
said  board  of  education. 

6* 


66 


SCHOOL    MANUAL. 


SEC.  4.  The  state  board  of  education  are  hereby 
authorized  and  empowered  to  elect  two  of  their  num- 
ber, who,  by  virtue  of  said  election,  shall  be  members 
of  the  board  of  directors  of  said  School  of  Design. 

SEC.  5.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 


DECISIONS. 


In  the  following  pages  will  be  found,  so  far  as  it 
has  been  possible  to  collect  them,  a  digest  of  decis- 
ions which  have  been  rendered  since  the  establishment 
of  the  present  .school  system,  both  by  the  commission- 
ers of  public  schools  and  by  the  Supreme  Court,  which 
interpret  the  school  law  and  unfold  the  principles  of 
its  application. 

A  great  many  of  them  were  made  by  the  late  Hon.  E. 
R.  Potter,  formerly  Commissioner  and  more  recently 
Associate  Justice  of  the  Supreme  Court,  to  whose 
deep  interest  in  the  subject  of  public  education  it  is 
in  great  part  owing  that  the  present  law  was  enacted, 
and  whose  very  intimate  knowledge  of  the  design  and 
bearing  of  the  law  eminently  qualified  him  to  give 
authoritative  opinions  concerning  it. 

In  those  cases  which  were  published  in  full  in  the 
two  preceding  manuals,  it  has  been  deemed  best  in 
this  edition  to  print  only  the  conclusions  and  the  rea- 
sons therefor,  so  far  as  they  were  given  ;  but  in  cases 
decided  since  1873,  the  plan  of  giving  a  fuller  state- 
ment of  the  case  has  been  followed. 


08 


SCHOOL    MANUAL. 


These  decisions  will  be  found  arranged  topically 
according  to  the  subjects  of  the  several  chapters  of 
the  School  Law,  together  with  cross  references  in 
cases  where  the  decisions  cover  two  or  more  distinct 
subjects. 

It  is  sincerely  hoped  this  exposition  of  the  law  will 
be  found  adapted  to  the  needs  of  the  various  school 
officers  of  the  State  and  that  it  will  tend  to  a  vigorous 
enforcement  of  its  varied  provisions,  and  thus  to  a 
more  healthy  and  efficient  system  of  public  schools. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          69 


POWERS  OF  DISTRICTS  AND  SCHOOL  OFFICERS. 


DECISION   No.    1. 

The  district  has  power,  with  approval  of  committee, 
to  open  a  second  school,  provided  that  there  be  money 
enough  in  the  treasury  to  the  credit  of  the  district  to 
pay  for  both  schools. 

E.  R.  POTTER,  C.  P.  S. 

1851. 


DECISION   No.    2. 

School  District  No.  10,  North  Kingstown. 

School-house  may  not  be  used  for  any  purpose  other  than  those  directly 
connected  with  public  education. 

The  case  involves  the  right  of  the  district  or  trus- 
tees to  use  the  school-house  for  other  purposes  than 
an  ordinary  school,  and  depends  partly  upon  the  pro- 
visions of  the  general  school  laws,  and  partly  upon 
the  conditions  of  the  deed  of  the  lot  upon  which  this 
particular  school-house  stands. 

The  following  remark  upon  this  subject  is  made  in 
the  notes  to  the  school  act :  "A  school-house,  built  or 
bought  by  taxation  on  the  property  of  the  district, 
should  not  be  used  for  any  other  purpose  than  keeping 
a  school,  or  for  purposes  directly  connected  with  edu- 
cation, except  by  the  general  consent  of  the  tax-paying 
voters." 


70  SCHOOL    MANUAL. 


The  rule  here  laid  down  is  believed  to  be  substan- 
stantially.  correct  and  sound.  The  district  holds  the 
property  in  trust  for  educational  purposes.  The  money 
has  been  taken  from  the  tax-payers  by  force  of  law 
for  certain  purposes,  and  for  those  only,  and  cannot 
be  applied  by  either  district  or  trustee  to  any  other  use. 

I  am  of  opinion  that  under  the  school  law  the  house 
may  be  used  for  educational  purposes  collateral  to  the 
main  purpose,  such  as  meetings  of  the  district  for 
school  business,  lectures  upon  literary  or  scientific 
subjects,  debating  societies  for  the  people  or  children 
of  the  district,  etc.  It  may  not  be  easy  in  all  cases 
to  draw  the  line  between  legal  and  illegal  cases,  but 
it  would  be  perfectly  clear  that  the  district  could  not 
use  the  house  for  trade  or  religious  meetings  if  any  per- 
son objected  to  it. 

The  question  then  arises,  whether  the  deed  in  the 
present  case  •  varies  the  rights  of  parties  from  what 
they  would  be  if  the  deed  contained  no  conditions. 

By  the  deed  from  Joseph  Case  and  others,  dated 
October  11,  1848,  the  school-house  lot  is  conveyed  to 
the  district  u  for  the  purpose  of  maintaining  thereon 
a  district  school-house  and  appurtenances,  for  the 
benefit  of  the  district  school  of  said  district,  and  for 
no  other  use  or  purpose  whatever,  except  religious 
meetings,"  and  it  is  provided  "  that  when  said  lot  of 
land  shall  cease  to  be  occupied  for  the  purposes  of  a 
district  school  aforesaid,  the  same  shall  revert  to  the 
grantors,  their  heirs  and  assigns  forever." 

The  exception  in  regard  to  religious  meetings  may 
be  left  out  of  consideration  in  the  present  case.  It 
cannot  affect  it  in  any  way.  If  the  district  have  no 
right  to  religious  meetings  there,  independent  of  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          71 

deed,  the  deed  cannot  give  it  to  them.  And  if  the 
district  would  have  such  a  right  otherwise,  it  may  ad- 
mit of  question  whether  a  provision  in  a  deed  would 
deprive  them  of  it. 

Leaving  out  of  consideration  the  words,  "  except 
religious  meetings,"  the  remainder  of  the  first  passage 
quoted  from  the  deed  appears  to  me,  on  the  maturest 
reflection,  to  express  no  more  and  no  less  than  the 
school  law  according  to  the  construction  herein  given 
to  it,  would  have  expressed  without  the  deed  ;  the  pro- 
vision in  the  deed  is  exactly  in  the  spirit  of  the  law, 
and  neither  adds  to  nor  lessens  the  rights  and  powers 
of  the  district  or  trustees. 

If  the  first  passage  quoted  from  the  deed  does  not 
vary  the  rights  of  the  district  from  what  they  would 
be,  if  there  was  no  such  provision  in  the  deed,  the  lat- 
ter proviso  appears  for  the  same  reason  to  contain  no 
limitation  as  to  the  use  of  the  house,  which  would 
prevent  its  being  used  for  the  purposes  for  which  I 
have  said  the  law,  apart  from  the  deed,  would 
authorize. 

E.  R.  POTTER,  C.  P.  S. 

I  have  carefully  considered  of  the  above  opinion 
and  approve  of  the  same.  I  have  also  consulted  with 
Judges  Haile  and  Bray  ton,  who  concur  with  me  in 
opinion. 

R.  W.  GREENE,  C.  J.  S.  C. 
1853. 


72  SCHOOL    MANUAL. 


DECISION   No.  3. 
School  District  No.  12,  BurrilMlle. 

A  vote  of  a  school  district  to  tax  cannot  be  rescinded  after  a  lawful  con- 
tract has  been  made  under  it. 

The  fact  of  the  tax  being  assessed,  or  of  its  having 
been  approved  by  the  committee,  would  not  take  from 
the  district  the  right  to  rescind  it.  The  whole  turns 
upon  the  question  whether  a  contract  was  legally  en- 
tered into  under  the  vote  of  the  district,  and  I  am  of 
opinion  that  it  was.  The  district,  therefore,  could  not 
rescind  it  after  the  contract  was  made,  without  being 
liable  to  a  suit  for  damages  or  to  a  process  like  that 
now  applied  for. 

It  becomes,  therefore,  unnecessary  to  decide  whether 
the  notice  for  the  second  meeting  was  sufficient  to  jus- 
tify the  district  in  rescinding  the  tax. 

As  a  general  rule,  it  is  not  advisable  for  district 
officers  to  proceed  in  expending  money  or  making  a 
contract  unless  they  are  satisfied  that  a  majority  of 
the  tax-payers,  absent  as  well  as  present,  are  fairly 
in  favor  of  it.  A  mere  accidental  majority  occasioned 
by  absence  of  opponents  is  unsafe.  And  if  a  case 
should  arise  where  district  officers  should  undertake  to 
avail  themselves  of  such  an  accidental  majority,  and 
there  should  be  any  appearance  of  a  design  to  antici- 
pate or  prevent  a  repeal  of  the  tax  by  entering  into  a 
contract  before  there  could  be  time  for  having  another 
meeting,  the  commissioner  of  public  schools  would  not 
lend  the  aid  of  his  office  to  the  enforcement  of  it,  but 
would  leave  the  parties  to  their  action  at  law. 

In  the  present  case,  however,  there  is  no  evidence 
but  that  the  trustee  acted  fairly  and  honestlv. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          73 


The  proper  process  must  therefore  be  issued  for  as- 
sessing and  collecting  the  tax  according  to  the  before- 
mentioned  provisions  of  the  law. 

E.  R.  POTTER,  C.  P.  S. 

1853. 

I  approve  of  the  above  decision. 

R.  W.  GREENE,  C.  J.  S.  C. 


DECISION  No.  4. 

/School  District  Xo.  7 

A  district  may  rescind  a  vote  or- 
dering a  tax,  and  postpone  the 
payment  of  it. 

A  district  may  borrow  money 
and  give  a  note. 


Costs  of  suits  in  court  against 
a  district  must  be  paid  by  the 
district. 


The  question  is  presented  whether  a  district  having 
voted  a  tax  according  to  a  particular  town  valuation, 
can  rescind  the  vote,  postpone  the  payment,  and  hire 
the  money  upon  a  note  of  the  district. 

I  cannot  see  any  objection  to  the  right  of  a  district 
to  rescind  a  vote  ordering  a  tax  and  postpone  the  pay- 
ment of  it.  The  object  and  effect  may  sometimes  be 
to  include  property  and  persons  afterwards  coming 
into  the  district.  "Whoever  comes  into  a  school  dis- 
trict becomes  a  sharer  in  all  the  advantages  of  the 
school  and  district  property.  If,  by  their  coming,  an 
addition  to  the  school-house  is  made  necessary,  such 
new  comers  or  new  property  do  not  pay  the  whole  ex- 
pense of  such  addition  :  the  former  inhabitants  and 
property  have  also  to  pay  a  portion,  and,  sharing  in  all 
the  advantages  of  former  taxation,  it  does  not  seem 
unreasonable  that  the  new  property  should  also'share 
in  the  burdens.  In  the  present  case  the  school-house 


74  SCHOOL    MANUAL. 


was  probably  built  larger  than  would  have  been  neces- 
sary if  it  had  not  been  expected  that  there  would  be 
an  addition  to  the  population  of  the  district. 

Any  creditor  of  the  district  who  may  be  injured  by 
such  postponement  has  a  remedy  provided  by  law. 

As  to  giving  notes,  a  district  has  the  undoubted 
right  to  make  contracts  for  certain  purposes,  upon 
which  contracts  they  may  be  sued  and  the  debt  and 
interest  recovered  of  them.  A  note  given  to  such  a 
contractor  would  be  only  additional  evidence  of  his 
claim.  And  there  seems  to  be  no  legal  objection  to 
the  district  hiring  money  of  a  third  person  to  pay  a 
just  debt  contracted  for  purposes  authorized  by  law. 
This  has  been  the  construction  always  put  upon  the 
law  in  practice,  and  it  appears  to  me  sound. 

An  objection  is  also  made  to  costs  and  attorney's 
fees.  The  costs  of  court  in  a  suit  decided  against  the 
district  must  of  course  be  paid  by  the  district.  And 
the  reasonable  charges  of  an  attorney  for  defending 
the  suit  are  proper  to  be  allowed.  But  services  ren- 
dered by  an  attorney  to  any  person  in  contests  with 
other  persons  in  the  district  about  district  business 
must  be  paid  for  by  the  person  for  whom  they  are  per- 
formed. 

Objection  is  also  made  to  allowance  of  compound 
interest.  This  could  not  be  recovered  of  the  district 
at  law,  but  I  see  no  objection  to  the  district's  agreeing 
to  pay  it,  and  paying  it  if  they  see  fit,  as  it  would  be 
in  the  power  of  the  school  committee  to  prevent  any 
excess  or  abuse  of  the  right. 

I  therefore  confirm  the  vote  of  the  committee  ap- 
proving of  said  tax. 

E.  R.  POTTER,  C.  P.  S. 
1853. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          75 

DECISION  No.  5. 
School  District  No.  3,  North  Providence. 

1.  A  person  who  has  the  legal  qual-      4.    The  power  to  divide  a  district 

iti cations  may  vote  in  district  lies  with  the  school  commit- 

meetings  even  though  his  nanu-  tee. 

is  not  on  the  town  voting  list.  5.    A  district  should  not  make  a  con- 

2.  A  district  has  no  right  to  build  tract    to  build   till   a  lot  has 

on  a  lot  till  it  has  a  legal  title  to  j  been  secured  and  the  plan  ap- 

that  lot.  proved. 

3.  Registry  voters  may  vote  to  ask 

division  of  a  district. 

It  appears  from  the  statement  and  admissions  of 
the  parties,  that  a  meeting  duly  notified  was  held 
August  17th,  to  reconsider  all  action  relating  to  build- 
ing the  house,  etc.  At  this  meeting  a  motion  was 
made  to  rescind  the  former  proceedings,  and  as  de- 
clared by  the  moderator,  the  vote  stood  22  to  22,  and 
the  motion  was  declared  rejected.  It  is  admitted  that 
five  who  voted  for  rescinding,  and  five  who  voted 
against  it,  had  no  right  to  vote.  It  is  contended  that 
Asa  M.  Allen,  who  voted  for  rescinding,  had  no  right 
to  vote.  He  was  a  resident  and  owned  real  estate, 
and  according  to  previous  decisions  he  had  a  right  to 
vote  without  his  name  being  on  the  town  registry.  A 
certificate  is  produced  from  the  assessors  to  show  that 
Charles  Leonard  and  Crawford  Martin,  two  who  voted 
against  rescinding,  are  not  taxed  for  real  or  personal 
property.  Of  course,  not  being  liable  to  pay  a  portion 
of  the  tax,  their  votes  should  have  been  rejected. 
The  vote,  therefore,  stands  seventeen  for  rescinding 
and  sixteen  against  rescinding,  and  the  votes  for 
building,  etc.,  were  legally  rescinded. 

This  of  course  disposes  of  all  questions  relating  to 


76  SCHOOL    MANUAL. 


building,  but  the  following  points  were  made  and 
argued,  and  therefore,  to  prevent  further  agitation,  I 
give  my  opinion  upon  them. 

I  am  of  opinion  that  a  district  has  no  right  to  build 
upon  a  lot  until  they  have  acquired  a  legal  title  to  it, 
either  by  lease,  deed,  or  by  taking  it  by  process  of 
law.  And  in  the  latter  case,  either  the  time  for  appeal 
to  the  Court  of  Common  Pleas  should  have  elapsed  or 
the  appeal  have  been  decided.  The  latter  caution  is 
necessary  because  the  jury  on  appeal  have  a  right  to 
alter  the  location  or  wholly  reverse  all  the  proceedings. 

It  has  been  previously  decided  that  a  district  has  no 
right  to  take  a  deed  of  a  house  for  religious  purposes. 

If  the  question  of  the  propriety  of  dividing  the  dis- 
trict be  proposed  in  district  meeting,  registry  voters 
have  a  right  to  vote,  because  it  merely  amounts  to  an 
expression  of  opinion,  and  the  whole  power  to  divide 
rests  with  the  school  committee  to  whom  the  vote  of 
the  district  is  a  mere  recommendation  to  be  weighed 
according  to  its  deserts.  And  registry  voters  can  by 
law  vote  upon  all  questions  except  taxing  or  expend- 
ing money. 

It  was  also  contended  that  the  location  must  be  made, 
a  lot  legally  procured,  and  the  plans  approved  before  a 
contract  can  be  legally  made  to  build.  In  the  present 
case  the  contract  was  made  first.  The  question  is  a 
most  important  one,  because,  if  a  district  proceeds  be- 
fore these  things  are  done,  it  would  often  lead  to  a 
wasteful  expenditure  of  the  district's  money,  if  the  lot 
was  not  procured  or  the  proceedings  approved  of,  and 
also  because  innocent  parties  who  contract  to  build 
may  suffer  in  consequence.  In  regard  to  claims  of 
contractors  against  building  committees  or  districts, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION. 


those  cases  must  of  course  be  decided  by  the  courts  of 
law  ;  but  I  think  it  is  the  duty  of  the  school  commit- 
tees and  school  commissioner  to  guard  against  a  waste- 
ful expenditure  of  money  by  a  district  majority  in  all 
cases  where  they  can  do  it,  and  it  may  frequently  be 
in  the  power  of  the  commissioner  to  do  it  on  appeal. 
And  it  seems  to  me  plain  (without  undertaking  to  de- 
cide how  innocent  third  parties  may  be  affected  by 
their  acts,)  that  neither  the  district  nor  its  officers 
have  any  right  to  make  a  contract  until  the  lot  is  fixed 
and  procured  and  the  plans  approved  of. 

The  appeal  was  also  made  from  all  doings  of  the 
committee  in  relation  to  dividing  the  district ;  but  I 
do  not  see  anything  upon  which  the  commissioner  can 
act.  The  committee  merely  decided  that  the  district 
had  not  asked  to  be  divided.  They  did  not  reject  the 
application.  Any  individual  has  a  right  to  petition  the 
committee  for  a  division,  and  it  would  be  matter  of 
discretion  in  the  committee  to  adopt  or  reject  it. 

E.  R.  POTTER,  C.  P.  S. 

1854. 


DECISION  No.  6. 

Joseph  0.  Clarke  vs.  School  District  No.  7. 

A  school  district  may  borrow  money  upon  the  note  of  the  district. 

The  facts  material  of  this  case  are  these : 
That  this  school  district  contracted  debts  to  a  con- 
siderable amount,  in  building  a  school-house,  and  for 
other  school  purposes,  and  for  expenses  incurred  in 
certain  actions  and  suits  in  which  the  district  was  con- 
cerned, which  debts,  it  was  conceded,  the  district  was 
in  law  bound  to  pay  ;  that  instead  of  levying  a  tax  on 


78  SCHOOL    MANUAL. 


the  ratable  property  of  the  district  to  raise  the  money 
for  the  payment  thereof,  the  district  hired  of  the  sev- 
eral individuals  named  as  payees  of  the  promissory 
notes,  declared  upon  in  this  action,  for  the  purpose  of 
paying  said  debts  with  the  money  borrowed  ;  that  the 
said  promissory  notes  were  given  by  the  district  for 
the  money  so  borrowed,  and  that  the  money  borrowed 
was  applied  to  the  payment  of  said  debts. 

The  question  was  raised,  whether  these  promissory 
notes  are  valid  and  binding  upon  the  district,  or  are 
void ;  whether  a  school  district  has  power  to  raise 
money  by  borrowing,  for  the  payment  of  its  debts 
lawfully  contracted,  and  to  give  its  promissory  notes 
therefor. 

A  corporation  may  bind  itself  by  a  negotiable  prom- 
issory note  or  bill  of  exchange  for  any  debt  contracted 
in  the  course  of  its  legitimate  business  ;  that  is,  in  any 
matter  which  is  not  foreign  to"  the  purposes  of  its  cre- 
ation. 

A  school  district  (a  corporation  under  the  school 
act)  by  giving  its  promissory  notes  for  moneys  hired 
to  discharge  debts,  incurred  in  the  building  of  a  school- 
house,  and  otherwise  in  so  doing  was  not  contracting 
debts  in  a  matter  foreign  to  the  purposes  of  its  crea- 
tion ;  and  the  provision  of  the  school  act  giving  this 
class  of  corporations  power  to  raise  money  by  taxa- 
tion, cannot  be  construed  to  forbid  a  borrowing  of 
money  for  a  legitimate  purpose. 

G.  A.  BRAYTON,  A.  J.  S.  C. 

1855. 


DECISION  No.  7. 
The  same  person  may  hold  the  office  of  clerk  and 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.  79 

that  of  either  treasurer  or  collector,  but  the  same  per- 
son cannot  be  both  treasurer  and  collector. 

8.  AMES,  C.  J.  S.  C. 
1863. 


DECISION  No.  8. 
School  District   No.    <9,    North   Providence. 

A  call  for  a  meeting  signed  by  a  de facto  trustee  is  valid. 

In  appeal  of  Waterman  B.  Angell  and  others  from 
acts  of  trustees  in  calling  the  meetings  of  said  dis- 
trict held  on  the  18th  and  27th  of  June. 

The  facts  upon  the  point  at  issue  were  these.  At 
the  annual  meetings  of  said  district  for  the  years 
1862,  1863  and  1864,  as  appears  by  the  clerk's  record, 
Ralph  P.  Devereux,  Charles  A.  Boyd  and  Henry  Arm- 
ington  were  successively  elected  trustees.  It  was  con- 
tended by  appellants  and  admitted  by  respondents 
that  Charles  A.  Boyd  was  not  at  the  time  of  his  elec- 
tion eligible  (Art.  IX,  Sec.  1,  Constitution  of  R.  I.) 
to  the  office  of  trustee,  he  being  a  certificate  voter, 
and  by  the  Constitution  (Art.  II,  Sec.  1,)  entitled  to 
vote  for  general  officers  only. 

It  was  also  contended  that  a  school  district  must 
elect  either  one  or  three  trustees  (Title  X,  Ch.  61,  Sec. 
5,  Revised  Statutes,)  and  in  this  case,  inasmuch  as  the 
district  had  decided  to  elect,  and  did  elect,  three  trus- 
tees, only  two  of  whom  were  eligible,  the  third  not 
being  qualified  to  hold  the  office,  therefore  all  the  acts 
of  these  trustees  were  void. 

It  did  not  appear  that  there  was  the  slightest  suspic- 
ion, during  the  entire  period  for  which  said  Boyd  had 
held  the  office  of  trustee,  either  upon  the  part  of  the 
voters  of  the  district  or  of  the  trustees,  that  he  was 


80  SCHOOL    MANUAL. 


not  a  legal  and  legally  elected  officer,  or  that  he  acted 
otherwise  than  in  good  faith.  It  has  been  decided 
that  ;ta  person  by  color  of  election,  may  be  an  officer 
de  facto,  though  indisputably  ineligible."  Ames  and 
Angell  on  Corporations,  Ch.  IV,  Sects.  9-10,  pp. 
100-103  ;  also  Ch.  IX,  Sect.  4,  pp.  272-5. 

I  am  therefore  of  opinion  that  the  said  Charles  A. 
Boyd,  though  ineligible  to  the  office  of  trustee,  was  by 
color  of  election,  de  facto  one  of  the  trustees,  that  his 
office  was  voidable  only  and  not  void,  and  that  the 
acts  of  said  trustees  in  calling  the  meetings  held  re- 
spectively on  the  18th  and  27th  of  June,  1864,  and 
from  which  appeal  was  taken,  were  legal  and  binding 

acts. 

J.  B.  CHAPIN,  C.  P.  S. 

1864. 

Approved.  S.  AMES,  C.  J.  S.  C. 


DECISION   No.    9. 

A  district  has  no  right  to  expend  the  money  of  the 
coming  year. 

E.  R.  POTTER,  A.  J.  S.  C. 

1868. 


DECISION   No.    10. 

In  cases  of  temporary  absence,  declining  or  refus- 
ing to  serve,  or  misconduct,  unless  the  declination  or 
refusal  is  in  writing,  or  capable  of  positive  proof, 
reasonable  notice  should  be  given  to  the  officer  to  ap- 
pear and  show  cause  why  the  office  should  not  be  de- 
clared vacant. 

E.  R.  POTTER,  A.  J.  S.  C. 

1873. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          81 


DISTRICT  MEETINGS. 


DECISION   No.    11. 

In  the  election  of  a  committee  to  purchase  land  for 
site  of  a  school-house  which  has  been  approved  ac- 
cording to  law  and  the  price  of  which  is  known  to  the 
meeting  at  the  time  of  making  such  appointment,  and 
in  the  election  of  a  building  committee  for  the  build- 
ing of  that  which  has  been  lawfully  approved,  the 
moderator  may  receive  the  vote  of  any  resident  of  the 
district,  who  is  at  the  time  qualified  to  vote  in  town 
meeting  for  town  officers. 

H.  BARNARD,  C.  P.  S. 

1848. 

Approved.  R.  W.  GREENE,  C.  J.  S.  C. 


DECISION   No.    12. 

It  is  the  duty  of  the  moderator  to  put  all  questions 

to  vote. 

E.  R.  POTTER,  C.  P.  S. 

1848. 


DECISION   No.    13. 

For  a  secondary  school,  the  school  committee  call 
the  first  meeting,  and  the  trustees  call  the  others. 

E.  R.  POTTER,  C.  P.  S. 

1849. 


82  SCHOOL    MANUAL. 


DECISION    No.   14. 

School  District  No.  3,  North  Providence. 

Omissions  in  the  records  of  school  officers  may  be  supplied  on    proper 
evidence. 

Evidence  to  correct  or  supply  omissions  in  the  rec- 
ords of  school  officers,  I  think  may  properly  be  ad- 
mitted. In  the  case  of  clerks  of  districts,  it  seems 
absolutely  necessary,  as  they  are  often  unacquainted 
with  the  forms  of  doing  business.  In  the  case  of 
a  school  committee,  however,  the  presumption  is 
stronger  that  they  are  competent  men,  and  will  be 
careful  to  see  that  their  record  is  well  kept.  Yet 
even  here  great  mischief  might  result  from  excluding 
all  evidence  other  than  the  record.  But  it  should  be 
received  with  great  caution,  as  after  any  considerable 
length  of  time  parties  might  not  recollect  it  alike. 

P:.  R,  POTTER,  C.  P.   S. 

I  approve  of  the  above  decision. 

R.  W.  GREENE,  C.  J.  S.  C. 

1853. 


DECISION   No.   15. 
School  District  No.  3,  North  Providence. 


1.    Qualifications  of   voters  in    dis- 
trict meetings. 


2.    Residence  of  voters. 


The  question  turns  upon  the  legality  of  the  votes  of 
Finigin  and  Heaton,  which  had  been  struck  off  by  the 
school  committee,  and  were  not  examined  by  Mr. 
Potter. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          83 

It  appears  in  evidence  that  Fiuigin  is  a  naturalized 
citizen,  and  a  resident  in  said  district ;  that  he  has 
owned  real  estate  sufficient  to  qualify  him  to  vote 
since  September  4,  1850  ;  that  his  naturalization  pa- 
pers are  dated  March  4,  1851,  and  that  he  is  taxable 
in  the  town,  and  is  liable  to  be  taxed  in  the  district 
for  the  house  in  which  he  lives.  It  was  contended 
that,  his  name  not  being  on  the  town  voting  list,  he 
could  not,  for  this  reason,  be  allowed  to  vote  in  dis- 
trict meetings.  The  qualifications  for  voting  in  dis- 
trict meetings  are  identical  with  those  for  voting  in 
town  meetings,  with  the  same  proviso  as  to  voting 
upon  any  question  of  taxation.  (See  act  relating  to 
public  schools,  sec.  32.)  But  the  restriction  which 
forbids  the  moderator  to  receive  the  vote  of  any  one 
whose  name  is  not  on  the  voting  list,  (see  act  relating 
to  elections,  sec.  2G,)  is  not  contained  in  the  school 
laws  as  a  restriction  to  voting  in  district  meetings. 
A  moderator  is  therefore  bound  to  receive  and  count 
the  vote  of  a  person  who  is  a  citizen  and  a  holder  of 
real  estate  in  a  district,  whenever  he  has  resided  in  it 
a  sufficient  length  of  time,  even  if  his  name  is  not  on 
the  voting  list.  Such  is  the  opinion  of  the  late  com- 
missioner of  public  schools,  in  decision  number  5, 
given  on  the  case  of  Asa  M.  Allen,  who  claimed  a 
right  to  have  his  vote  restored,  after  it  had  been  an- 
nulled by  this  same  decision  of  the  school  committee. 

In  the  case  of  Heaton,  it  is  testified,  that  he  became 
of  age  on  the  28th  of  December,  1853,  that  he  holds 
undivided  real  estate  to  a  sufficient  amount  to  qualify 
him  to  vote,  and  that  he  is  a  resident  in  said  district. 
It  is  objected  that,  prior  to  August  17,  1854,  he  re- 
moved into  Massachusetts,  and  thus  lost  his  citizenship 


84  SCHOOL    MANUAL. 


in  Rhode  Island.  In  opposition  to  this  it  was  proved 
that  he  went  into  Massachusetts  for  a  merely  tempo- 
rary purpose,  and  that  he  never  intended  to  change 
his  abode,  and  that  his  estate,  his  business,  and  his 
real  home,  remained  in  Rhode  Island.  It  appears  to 
me  that  the  principles  which  ought  to  govern  in  decid- 
ing questions  of  domicil  or  residence,  as  laid  down  by 
Judge  Story  in  his  Conflict  of  Laws,  and  quoted  in 
Appendix  No.  9,  to  the  Report  of  the  Commissioner 
of  Public  Schools  for  1854,  would  render  Heaton,  still 
a  citizen  and  a  voter  in  district  meetings  in  Rhode 
Island,  since  his  intention  of  only  temporary  removal 
seems  plain. 

It  is,  therefore,  my  opinion  that  the  votes  of  Finigin 
and  Heaton,  ought  to  be  counted  as  against  said  mo- 
tion to  rescind.  The  vote  will  then  stand  seventeen 
ayes,  eighteen  nays ;  and  the  motion  is  lost.  The 
several  votes  of  the  district  relating  to  building  are 
therefore  still  unrescinded,  and  of  the  same  force  and 
validity  as  if  such  motion  had  not  been  made. 

ROBERT  ALLYN,  C.  P.  S. 

Approved.  G.  A.  BRAYTON,  A.  J.  S.  C. 

1854. 


DECISION   No.   1G. 

A  qualified  voter,  if  he  be  not  a  property  holder,  is 
eligible  to  office. 

E.  R.  POTTER,  C.  P.   S. 
1854. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          85 

DECISION   No.  17. 
School  District  No.  <?,  North  Providence. 

Registry  voters  have  the  right  to  vote  on  the  question  of  the  propriety  of 
dividing  the  district. 

If  the  question  of  the  propriety  of  dividing  the  dis- 
trict be  proposed  in  district  meeting,  registry  voters 
have  a  right  to  vote  ;  because  it  merely  amounts  to  an 
expression  of  opinion,  and  the  whole  power  to  divide 
rests  with  the  school  committe'e,  to  whom  the  vote  of 
the  district  is  a  mere  recommendation  to  be  weighed 
according  to  its  deserts  ;  and  registry  voters  can  by 
law  vote  upon  all  questions  except  taxing  or  expend- 
ing money. 

E.  R.  POTTER,  C.  P.  S. 

1854. 

Approved.  R.  \V.  GREENE,  C.  J.  S.  C. 


DECISION   No.    18. 
School  District  No.  3,  North  Providence. 

All  business  of  special  meetings  of  school  districts  must  be  specified  in 
the  notice  of  the  meeting. 

The  commissioner  is  of  opinion  that  an  election  of 
trustees  at  a  special  meeting,  the  notice  whereof  did 
not  specify  that  business,  cannot  be  considered  valid. 
Section  29  of  the  school  law  enacts  that  notice  of 
the  time,  place,  and  object,  of  every  special  meeting 
shall  be  given  for  five  days  inclusive,  before  the  hold- 
ing of  the  same.  The  notice  put  up  on  the  1st  for  a 
meeting  to  be  held  on  the  Gth,  contained  no  specifica- 


86  SCHOOL    MANUAL. 


tion  concerning  the  election  of  a  trustee  ;  and  as  this 
meeting  was  adjourned,  and  another  notice  was  posted 
up,  it  must  be  held  that  the  meeting  of  the  15th  was 
not  competent  to  elect  a  trustee — an  item  of  business 
not  named  in  the  original  warrant.  If  it  is  said  that 
a  motion  was  made  to  accept  the  resignation  of 
Trainer,  and  this  being  postponed  to  the  next  meeting 
was  a  sufficient  notice  of  the  intention  to  elect  a  trus- 
tee, it  will  be  an  ample  reply  to  say  that  such  post- 
ponement cannot  be  considered  a  notice  according  to 
the  requirements  of  the  law.  For  section  30  of  the 
school  law  specifies  the  mode  of  notice,  which  is  "  by 
publishing  in  some  newspaper,  or  by  putting  up  notice, 
or  in  such  manner  as  the  school  committee  may  re- 
quire." The  notice  certainly  was  not  given  in  any  of 
these  three  ways.  It  may  also  be  said,  that  if  the  law 
requires  the  business  of  every  special  meeting  to  be 
named  in  the  warrant,  trustees,  if  so  disposed,  might 
prevent  action  on  any  necessary  matter  by  failing  or 
refusing  to  insert  it  as  an  item  in  the  warrant  calling 
the  meeting.  But  section  twenty-seven  of  the  school 
law,  provides  against  this  by  commanding  the  trustees 
to  call  a  meeting  to  be  held  "within  seven  days,  on 
the  written  request  of  an}7  five  qualified  voters,  stating 
the  object  for  which  they  wish  it  called,"  and  if  the 
trustees  neglect  or  refuse  to  call  such  meeting  the 
school  committee  may  call  it  and  fix  the  time  of  hold- 
ing it. 

R.  ALLYN,  C.  P.  8. 

1856. 

Approved.  G-EO.  A.  BKAYTON,  A.  J.  8.  C. 

NOTE— The  law  concerning  the  time  of  notice*  for  district  meetings  has 
been  changed  since  the  above  decision. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          87 
\ 

DECISION   No.    19. 
School  District  No.  7,  Burrittville. 

1.    No  person  to  vote  on  any  propo-      2.    To  change  a  vote  of  a  district  it 


sition  to  raise  a  tax,  unless  he 
is  liable  to  pay  a  part  of  said 
tax. 


must  be  shown  that  enough  il- 
legal votes  were  cast  to  change 
the  result. 


The  commissioner  decides  that  the  school  law  does 
imperatively  prohibit  any  person  from  voting  on  any 
question  concerning  taxation,  unless  he  has  paid,  or 
shall  be  liable  to  pay,  a  portion  of  such  tax  ;  and  on 
examination  of  the  names  of  persons  who  voted  for 
and  against  said  motion  to  pay  the  debts  of  the  dis- 
trict with  this  money,  he  finds  that  no  person  so  hav- 
ing paid  a  portion  of  said  tax,  voted  in  the  affirmative, 
and  that  five  persons  so  having  paid  a  portion  of  said 
tax,  voted  in  the  negative.  He,  therefore,  declares 
that  the  motion  was  lost. 

R.  ALLYN,  C.  P.  S. 

1856. 


DECISION  No.  20. 
School  District  No.  2,  Cranston. 

Any  resident  of  a  school  district,  qualified  at  the  time  as  a  registered  voter 
to  vote  in  town  meeting,  is  entitled  to  vote  in  the  district  meeting  to 
assess  a  tax  for  the  repair  or  improvement  of  the  district  school-house, 
provided  he  be  liable  on  account  of  his  personal  estate  to  contribute  to 
the  tax  for  which  he  votes,  although  he  has  never  been  assessed  for  such 
personal  estate,  and  his  name  is  not  upon  the  last  list  of  town  voters. 

Appeal  to  the  commissioner  of  public  schools,  from 
the  vote  of  a  district  meeting  of  school  district  No.  2, 
Cranston,  ordering  a  tax  of  $500  to  be  assessed  upon 


88  SCHOOL    MANUAL. 


the  ratable  property  of  the  district,  for  the  purpose  of 
repairing  and  improving  the  school-house  in  said  dis- 
trict. 

By  the  statement  of  facts,  it  appears  a  vote  was 
passed  at  a  district  meeting  held  on  the  21st  of  May, 
1859,  by  eighteen  affirmative,  against  sixteen  negative, 
votes  ;  and  the  appellants  contested  the  validity  of  the 
order  of  assessment  by  impeaching  the  right  to  vote, 
at  said  meeting,  of  Horatio  N.  Randall  and  Charles 
O.  Bennett,  residents  in  said  district,  both  of  whom 
voted  in  the  affirmative.  It  further  appears  from  the 
statement  that  Randall  was  in  September,  1858, 
assessed  in  the  town  of  Cranston  for  town  taxes,  the 
sum  of  $3.65  upon  real  estate  valued  at  $1,200,  which 
he  paid  to  the  town  collector  on  the  8th  day  of  March, 
1859  ;  and  that  having,  in  January  or  February,  1859, 
sold  his  real  estate,  he  was  in  July  of  that  year, 
assessed  for  town  taxes  in  Cranston,  the  sum  of 
$1,07£  upon  personal  estate  valued  at  $500 — the  same 
estate  for  which  he  was  assessed  for  his  proportion  of 
the  tax  in  question.  Bennett's  name,  though  upon 
the  registry,  was  not  upon  the  list  of  voters  of  the 
town  of  Cranston,  prepared  for  the  April  or  June  elec- 
tions, 1859. 

By  Sec.  8,  Ch.  62,  of  the  Revised  Statutes,  every  resi- 
dent in  a  school  district  is  entitled  to  vote  in  a  district 
meeting,  who  is  qualified  at  the  time  to  vote  in  a  town 
meeting,  with  this  further  restriction, — that  to  vote 
upon  any  question  of  taxation  of  property,  or  of  expend- 
iture of  money  raised  thereby,  he  must  either  have 
paid,  or  be  liable  to  pay,  a  portion  of  the  tax.  He  need 
not,  however,  be  upon  the  last  list  of  town  voters  ; 
since  such  lists  are  not  prepared  or  made  up  for  dis- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          89 

trict,  as  they  are  for  town  meetings  ;  and  there  is, 
therefore,  no  mode  provided  by  which  he  could  get 
upon  the  list,  however  well  qualified  he  might  be  at 
the  time  to  vote. 

In  this  view  of  the  statute,  it  is  plain,  that  Randall 
was  entitled  to  vote  for  the  tax  ordered  to  be  assessed 
by  the  district  meeting  of  school  district  No.  2,  of 
Cranston,  held  on  the  21st  day  of  May,  1859. 
Though  not  upon  the  town  voting  list  made  up  for  the 
April  election,  1859,  he  was  qualified,  as  a  registered 
voter,  to  vote  at  the  meeting  in  question,  by  the  pay- 
ment of  a  tax  to  the  amount  of  a  dollar,  upon  prop- 
erty valued  at  a  sum  exceeding  one  hundred  and  thirty- 
four  dollars,  assessed  within  the  year  next  preceding, 
and  more  than  four  days  prior  to  the  time  of  his 
voting  (Rev.  Stat.  Ch.  22,  Sec.  1  ;  Ch.  23,  Sec.  14), 
and  although  he  had  parted  with  the  real  estate  upon 
which  this  tax  had  been  assessed,  he  was,  on  account 
of  personal  estate  to  the  amount  of  $500,  liable  to 
contribute  to,  and  therefore  entitled  .to  vote  for,  the 
school  district  tax  in  question. 

S.  AMES,  C.  J.  S.  C. 

1859. 


DECISION   No.  21. 

I  am  satisfied  no  particular  length  of  residence  is 
necessary  in  a  district  to  entitle  a  person  to  vote,  pro- 
vided it  be  boiiajide.  This  was  formerly  held  so,  and 
I  cannot  see  any  good  reason  to  doubt  it. 

E.  R.  POTTER,  A.  J.  S.  C. 

1872. 

8* 


90  SCHOOL    MANUAL. 


DECISION   No.  22. 

Right  of  a  husband  to  vote  on  his  wife's  real  estate. 

1.  Any  husband  who  married  his  wife  previous  to 
December  2,  1872,  and  whose  wife  acquired  the  prop- 
erty on  which  he  claims  the  right  to  vote  previous  to 
December  2,  1872,  is  entitled  to  vote  under  Art.  II, 
Sec.  1,  if  he  is  otherwise  qualified  and  if  the  prop- 
erty is  a  freehold  estate  of  the  value  prescribed  in  the 
constitution,  whether  he  has  had  children  by  his  wife 
or  not. 

2.  Any  husband  married  since  December  2,  1872, 
or  whose  wife  has  acquired  the  property  on  which  he 
claims  the  right  to  vote  since  December  2,  1872,  is 
entitled  to  vote  under  Art.  II,  Sec.  1,  if  he  is  other- 
wise qualified  and  if  the  property  is  an  estate  of  in- 
heritance of  the  value  prescribed  in  the  constitution, 
provided   he  has  had   issue   by  his  wife  capable  of 
inheriting  it, — but  otherwise,  not. 

T.     DURFEE, 


C.   MATTESON, 
J.  H.  STINESS, 
1878. 


DECISION   No.  23. 
Emma  A.  French  vs.  School  Committee  of  Coventry. 


1.  District  meeting  held  under  but 
one  notice  is  illegal,  even  though 
all  the  voters  knew  of  the 
meeting. 


2.  Neglect  of  duty  by  a  school  offi- 
cer renders  him  liable  to  a  pen- 
alty, but  does  not  invalidate  a 
school. 


This  was  a  case  where  a  trustee  was  elected  at  a 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          91 

meeting  called  by  only  one  notice,  whereupon  objec- 
tion was  made  and  the  old  trustees  called  another 
meeting  by  posting  two  notices,  at  which  meeting 
another  party  was  elected  trustee  than  at  the  first 
meeting.  The  trustees  elected  at  the  second  meeting, 
hired  the  appellant,  who  proceeded  to  teach  the  sum- 
mer term  of  school ;  the  trustee  elected  at  the  first 
meeting  having  in  the  meantime  surrendered  posses- 
sion of  the  school-house.  The  school  committee, 
however,  from  doubts  as  to  the  legality  of  the  trus- 
tees election,  refused  to  recognize  the  school,  though 
notified  of  its  existence  by  the  teacher  according  to 
their  rules  ;  and  at  the  end  of  the  term  they  refused  to 
draw  an  order  for  the  payment  of  her  wages,  though 
the  proper  return,  duly  signed,  was  presented. 

It  was  decided,  First,  that  an  election  held  at  a 
meeting  called  by  but  one  notice  was  invalid,  that 
verbal  or  parole  notice  cannot  be  accepted  in  place  of 
the  plain  statutory  requirement  of  two  written  notices. 
Second,  that  the  failure  of  the  school  committee  to 
recognize  a  school,  which  was  otherwise  legal,  could 
not  be  construed  into  a  condemnation  of  such  school. 
Third,  that  the  failure  of  a  school  officer  to  visit  a 
school,  or  to  give  notice  as  required  by  law  renders 
the  official  liable  for  neglect  of  duty,  but  does  not  de- 
stroy the  legality  of  the  school. 

T.  B.  STOCKWELL,  C.  P.  S. 

1875. 

Appealed  to  Supreme  Court  and  decision  sustained. 
E.  R.  POTTER,  A.  J.  S.  C. 

1881. 

See  Decision  No.  5  Page  75. 
See  Decision  No.  8  Page  79. 
See  Decision  No.  10  Page  80. 


SCHOOL    MANUAL. 


DISTRICT  TAXES. 


DECISION   No.  24. 

The  approval  by  the  committee  of   a  tax  legally 
voted,  cannot  be  appealed  from. 

H.  BARNARD,  C.  P.  S. 
1844. 

Approved.  E.  R.  POTTER,  C.  P.  S. 

1854. 


DECISION   No.  25. 

Committee  may  rescind  their  approval  of  a  tax  be- 
fore contract  has  been  entered  into. 

E.  R.  POTTER,  C.  P.  S. 
1853.  _____ 

DECISION   No.  26. 

The  bondsmen  of  a  town  collector  are  not  liable 
for  his  acts  as  district  collector. 

E.  R.  POTTER,  C.  P.  S. 
1854. 


DECISION   No.  27. 

School  District  No.  14,  Smithfield. 


1.  Votes  as  to  times  for  assessing  or 

collecting  a  tax  are  directory 
merely  and  do  not  prevent 
the  action  being  taken  subse- 
quently. 

2.  Real  and  personal  estates  must  be 


'  kept  separate  in  all  assess- 
ments of  taxes. 

It  ie  sufficient  if  a  tax  is  ap- 
proved by  the  school  com- 
mittee before  the  warrant 
for  collection  is  issued. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          93 


A  direction  to  assess  or  collect  a  tax  within  a  speci- 
fied time  is  directory  merely,  and  if,  by  accident  or 
otherwise,  it  is  not  done  within  the  time  fixed,  it  may 
be  done  within  a  reasonable  and  convenient  time  after- 
wards. 

The  law  positively  requires  real  and  personal  estate 
to  be  assessed  in  separate  columns,  and  any  assess- 
ment made  otherwise  is  illegal. 

Although  it  is  prudent  to  procure  a  tax  to  be  ap- 
proved by  the  school  committee  before  any  proceedings 
are  had  under  the  vote,  yet  it  is  sufficient  if  the  tax 
be  approved  before  the  warrant  is  issued  to  collect  it. 

E.  R.  POTTER,  C.  P.  S. 

Approved.  R.  W.  GREENE,  C.  J.  S.  C. 

1854. 


DECISION   No.    28. 
School  District  No.  <9,  North  Providence. 

Commissioner  cannot  compel  trustees  to  grant  a  warrant  for  the  collection  of 
a  tax,  and  must  not  interfere  to  perform  their  duties. 

A  tax  was  voted,  assessed  and  partly  collected ; 
and  the  commissioner  is  now  asked  to  appoint  a  col- 
lector and  to  issue  a  warrant  to  collect  the  balance. 

Counsel  for  a  tax-payer  in  said  district  opposed  to 
the  granting  the  petition  raised  a  question  of  jurisdic- 
tion, and  moved  that  the  petition  be  dismissed  because 
the  commissioner  had  not  power  to  grant  the  relief 
prayed  for. 

After  consideration,  the  commissioner  submits  the 
following  as  his  decision  on  the  question  of  jurisdic- 
tion : 


94  SCHOOL    MANUAL. 


It  is  seriously  doubted  whether,  under  the  forty-sixth 
section  of  the  school  law, — the  section  cited  as  giving 
all  the  authority  over  the  case, — the  commissioner  has 
power  to  order  and  enforce  the  collection  of  the  bal- 
ance of  a  tax  legally  voted,  approved,  assessed,  and 
partly  collected  by  a  district  under  the  rightful  author- 
ity of  their  trustees.  The  case  contemplated  by  that 
section  appears  to  be  one  in  which  there  is  no  power 
in  the  district  to  collect  taxes  and  thus  satisfy  any 
just  claims  which  creditors  may  have  against  it ;  and 
not  one  in  which  the  power  has  already  been  exercised 
to  a  certain  extent,  and  the  officers  of  the  district  are 
simply  indisposed  to  proceed.  The  petition  does  not 
allege  any  errors  in  the  assessment  nor  am7  want  of 
power  to  collect,  but  only  asks  the  commissioner  to 
perform  a  duty  legally  devolving  upon  their  officers, 
but  very  repugnant  to  their  feelings ;  or,  in  other 
words,  it  is  but  asking  one  officer  of  the  state  to  un- 
dertake a  duty  where  his  authority  is  at  least  doubtful, 
and  discharge  it  for  another  where  the  latter 's  power 
is  far  more  clear. 

Besides,  it  seems  that  according  to  the  sixty-sixth 
section  of  the  school  law,  the  trustees  of  the  district 
have  a  right  to  presume  that  the  tax  was  a  legal  one, 
and  that  it  is,  therefore,  properly  and  lawfully  due, 
inasmuch  as  there  appears  to  have  been  no  exception 
taken  to  the  vote  by  which  it  was  ordered,  nor  to  the 
act  by  which  it  was  assessed. 

It  is  a  principle  which  must  govern  the  commis- 
sioner, that  he  will  not  encroach  upon  the  powers, 
prerogatives,  or  duties  of  any  officer  below  him  elected 
by  the  people  themselves.  And  as  the  trustees  of  the 
district  were  elected  for  this  very  purpose  of  collect- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          95 


ing  all  lawful  taxes,  and  as  they  have  ample  powers 
and  securities,  the  petition  is  therefore  dismissed. 

R.  ALLYN,  C.  P.   S. 

1855. 


DECISION   No.  29. 
/School  District  No.  7,  ftcituute. 

A  district  tax  cannot  bo  paid  to  any  otber  person  than  the  collector. 

Where  Y's  land  had  been  levied  upon  and  sold  by  a 
tax  collector  for  non-payment  of  a  school  district  tax, 
and  Y.  brought  ejectment  against  the  purchaser,  alleg- 
ing and  offering  to  show  that  prior  to  the  levy  and  sale 
he  had  paid  his  tax  to  the  treasurer  of  the  district. 
Held  that  evidence  to  this  effect  was  inadmissable  ; 
that  the  tax  collector  is  the  only  officer  authorized  to 
collect  a  tax  assessed  by  a  town  or  school  district : 
and  that  the  levy  and  sale  was  valid. 

It  is  by  law  made  the  duty  of  the  district  collector 
to  collect  the  tax  and  pay  'it  over  to  the  treasurer  or 
his  successor  in  office.  To  him  is  delivered  the  tax  bill 
and  warrant  for  that  purpose.  He  gives  bond  for  the 
proper  performance  of  that  duty  if  a  bond  is  required, 
and  is  entitled  to  the  commission  provided  by  law  for 
his  services  in  collecting  the  tax.  He  must  collect 
the  tax  and  pay  it  over  to  the  treasurer  within  the 
time  specified  in  his  warrant.  If  he  fails  to  do  this 
he  may  be  sued  or  prosecuted  for  his  default.  The 
treasurer  has  no  authority  to  collect  the  tax  ;  but  only 
to  receive  it  of  the  collector  when  collected,  and  dis- 
burse it  according  to  law.  He  does  not  have  the  tax 
bill  for  the  purpose  ;  and  payment  to  him  is  no  more 


96  SCHOOL    MANUAL. 


"a  legal  payment  than  it  would  be  if  made  to  any  other 
officer  of  the  district,  who  is  not  authorized  by  law  to 
collect  the  tax. 

A.  BOSWORTH,  A.  J.  S.  C. 
1855. 


DECISION   No.  30. 

Case  of  Edward.    S.    Wilkinson,  guardian,  in  appeal 
from  tax  in  District  No.  1,  North  Providence. 


The  assessment  of  a  tax  will  be 
legal  if  it  is  clear  to  whom  and 
on  what  property  it  is  us- 


1.  Imperfection  of  a  district  clerk's 

record  does  not  render  invalid 
a  tax  properly  voted. 

2.  A  vote  to  assess  by  percentage  is 

not  illegal. 

Upon  the  facts  as  presented  and  after  considering 
the  arguments  of  the  parties,  and  after  advising  with 
Judge  Brayton,  of  the  Supreme  Court,  the  commis- 
sioner is  of  opinion  that  the  imperfection  of  the  rec- 
ords of  the  clerk  will  not  affect  the  legality  of  the  tax. 
The  proceedings,  so  far  as  the  notice  of  the  meeting 
and  the  form  of  the  resolution  are  concerned,  were  un- 
doubtedly legal  and  proper.  As  to  the  mode  of  levy- 
ing the  tax  by  percentage  instead  of  by  specific  sum, 
the  commissioner  is  not  aware  that  this  is  contrary  to 
the  school  law.  It  is  evident  that  the  school  commit- 
tee might  approve  a  specific  sum  after  the  tax  had 
been  assessed  by  the  trustees  ;  and  as  there  is  no  evi- 
dence to  show  that  the  committee  did  not  approve 
some  specific  sum,  it  must  be  held  that  the  failure  to 
vote  a  specific  sum,  does  not  render  the  whole  tax 
invalid.  Also  in  reference  to  the  assessment  of  the 
tax  to  Edward  S.  Wilkinson  for  Nathan  Lazelle,  in- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          97 

stead  of  to  Edward  S.  Wilkinson,  guardian  for  Nathan 
Lazelle,  since  it  was  shown  that  this  had  been  the 
mode  of  assessing  taxes  on  the  said  Nathan's  personal 
property  in  the  town  of  North  Providence,  and  since 
it  was  not  shown  that  the  said  Wilkinson  had  ever  ex- 
perienced any  difficulty  in  the  settlement  of  his  ac- 
counts with  the  said  Nathan's  inheritance  before  the 
court  of  probate,  the  commissioner  does  not  deem  it 
to  be  proper  for  him  to  interfere,  and  solely  on  this 
account  decree  a  forfeiture  of  the  tax  on  the  part  of 
the  district.  This  is  a  matter  of  technical  law  and 
he  does  not  therefore  attempt  to  settle  the  meaning 
and  usage  of  that  law.  It  is  deemed  just  and  best 
that  in  this  case,  this  tax  should  follow  and  be  paid  as 
other  taxes  have  been  paid. 

R.  ALLYN,  C.  P.  S. 
1856. 


DECISION    No.  81. 

District  No.  7,    Warwick. 

A  district  tax  can  be  confided  to  a  town  collector  when  there  is  a  district 
collector  duly  appointed  and  qualified. 

I  decide,  that,  according  to  the  37th  section  of  the 
act  relating  to  public  schools,  "Any  district  may  vote 
to  place  the  collection  of  any  tax  or  rate  bill  in  the 
hands  of  the  collector  of  town  taxes,"  notwithstand- 
ing there  be  a  district  collector ;  and  I,  having  been 
satisfied  by  evidence  that  a  vote  to  that  effect  has  been 
passed  at  a  regular  district  meeting  of  School  District 
No.  7,  of  the  town  of  Warwick,  decide  that  the  col- 


98  SCHOOL    MANUAL. 


lection  of  the  tax  in  question  may  be  legally  confided 
to  the  collector  of  town  taxes  of  that  town. 

R.  ALLYN,  C.  P.  S. 

1856. 

I  approve  of  the  above  decision. 

8.  AMES,  C.  J.  S.  C. 


DECISION   No.    32. 
School  District  No.  11,  Exeter. 

1.    A  tax  approved    by  the  school  \  2.    A  trustee  not  authorized  to  in- 

committee  if  subsequently   in-  sure    a  school-house  without 

creased,    must    be    again    ap-  authority  from  the  district, 
proved. 

Three  points  of  objection  can  be  sustained.  The 
"  notice  "  of  the  second  meeting,  the  approval  of  the 
school  committee,  and  the  insurance.  The  "  notice  " 
and  "  insurance  "  may  be  reduced  to  one.  The  power 
to  insure  a  school-house  is  by  Sec.  3,  Chap.  61,  School 
Law,  vested  in  the  district  and  not  in  the  trustee.  Yet 
if  the  "  notice  "  had  specified  insurance  as  one  of  the 
objects  of  the  meeting,  a  vote  of  the  district  sanction- 
ing the  trustee,  would  have  been  legal. 

It  is  my  opinion  and  decision  that  this  tax  is  not 
legal, — because  the  whole  tax  has  not  been  approved 
by  the  school  committee,  and  the  notice  not  sufficient 
to  authorize  the  district  to  sanction  the  act  of  the 
trustee  in  procuring  insurance  on  the  house. 

J.    KlNGSBURT,    C.    P.    S. 

1858. 

Approved.  S.  AMES,  C.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.          99 


DECISION   No.    33. 

The  excess  of  a  tax  beyond  the  district's  indebted- 
ness does  not  affect  the  legality  of  tax. 

J.  B.  CHAPIN,  C.  P.  S. 

1859. 


DECISION   No.    34. 

If  taxes  are  paid  to  the  treasurer,  the  collector  will 
have  the  same  claim  to  his  percentage  as  if  the  taxes 
had  been  paid  to  him  originally. 

J.  B.  CHAPIN,  C.  P.  S. 

1860. 


DECISION   No.  35. 

In  the  case  of  a  person,  who  resides  in  a  district 
only  a  part  of  the  time,  the  question  of  taxation  of 
personal  property  must  depend  upon  the  time  that 
said  person  resides  in  the  district. 

J.  B.  CHAPIN,  C.  P.  S. 

1860. 


DECISION   No.  36. 

When  there  is  only  one  tax  paying  voter  in  the  dis- 
trict his  vote  is  sufficient  to  order  a  tax. 

E.  R.  POTTER,  A.  J.  S.  C. 

18G8. 


100  SCHOOL    MANUAL. 


DECISION    No.  37. 
School  District  No.  4,  MirWletoicn. 


In  any  appeal  where  a  district  as 
such  is  an  interested  party,  the 
district  must  be  officially  noti- 
fied of  the  hearing. 

Where  a  tax  is  assessed  by  asses- 
sors appointed  by  the  commis- 
sioner they  must  give  notice  of 
their  assessment  and  proceed  to 


value  the  property  independent 

of  the  town  valuation. 
A  tax  collector  acting  under 
an  apparently  legal  warrant 
would  not  be  liable  for  dam- 
ages in  case  it  was  proved  de- 
fective. 


In  this  case  the  trustee  made  a  contract  with  the 
teacher,  and  this  contract  was  made  known  to  the  dis- 
trict meeting,  and  the  vote  of  the  district  thereon 
(though  invalid  for  other  purposes)  may  well  be  held 
to  be  a  ratification  of  it. 

Subsequently  upon  the  district  refusing  to  carry  out 
the  terms  of  the  contract,  the  teacher,  Coggeshall,  and 
the  trustee,  Carpenter,  united  in  an  appeal  (which  we 
may  construe  to  mean  that  they  applied  under  this 
provision)  to  the  commissioner  May  12,  1870,  and  he 
appointed  the  same  day  for  a  hearing,  and  it  is  alleged 
that  "due  and  actual  notice  of  such  hearing  before 
the  commissioner  was  given,  and  both  parties  were 
present."  It  is  not  alleged  to  whom  notice  was  given, 
or  who  were  present ;  and  by  both  parties,  we  must 
understand  the  two  persons  before  named,  no  others 
being  either  directly  or  indirectly  referred  to.  The 
district  was  the  party  against  whom  the  contract  was 
to  be  enforced,  and  of  course  a  proper  party  to  this 
proceeding,  but  as  the  plea  does  not  allege  that  the 
district  was  notified,  we  must  infer  that  it  was  not,  and 
that  omission  was  fatal. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        101 

It  is  also  alleged  that  the  commissioner,  on  July  9, 
1870,  decided  that  the  tax  voted  by  the  district,  ''suf- 
ficient to  pay  the  residue  of  the  contract,"  should  be 
assessed  and  collected  in  accordance  with  the  power 
conferred  by  Revised  Statutes,  R.  I.  cap.  G4,  §  4  ; 
and  issued  a  warrant  to  Messrs.  Peckham,  Carpenter, 
and  the  district  clerk,  to  assess  a  tax  "on  the  valua- 
tion of  the  town  assessors  of  1869-70,"  and  appointed 
the  district  collector  to  collect  it ;  that  the  district  clerk 
declined  to  act  as  assessor,  and  notified  the  commis- 
sioner ;  and  the  commissioner  (whether  verbally  or  in 
writing  is  not  said)  directed  the  other  two  to  proceed 
and  assess  the  tax  ;  and  that  they  were  legally  ap- 
pointed and  qualified,  and  did  assess  a  tax  on  said 
valuation,  etc.,  etc.  ;  that  the  commissioner  approved 
it,  and,  August  30th,  issued  his  warrant  to  said  AVm. 
F.  Peckham  to  collect  it. 

When  a  district  trustee  apportions  a  tax,  he  is  to  do 
it  (Revised  Statutes  R.  I.  cap.  (14,  §  2,)  on  a  valua- 
tion made  by  the  town  assessors.  But  when  a  tax  is 
to  be  collected  under  the  commissioner's  warrant,  the 
assessors  may  use  the  town  valuation  as  a  guide  ;  but 
they  must,  after  all,  assess  it  upon  their  own  judgment. 
And  it  being  an  actual  assessment,  proper  notice  should 
have  been  given,  which  is  nowhere  alleged. 

The  collector,  acting  under  an  apparently  legal  war- 
rant, would  not  be  held  liable  as  collector. 

E.  R,  POTTER,  A.  J.  S.  C. 

1877. 

9* 


102 


SCHOOL    MANUAL. 


DECISION   No.    38. 
School  District  No.  19,  South  Kingston' H. 


1.  School  commissioner  has  no 
power  to  order  a  tax  in  a  dis- 
trict except  in  cases  where  the 
law  specifically  provides  for 
such  a  case. 


2.  School  commissioner  cannot  ap- 
prove a  district  tax,  hence 
there  is  no  appeal  to  him  in 
such  matters,  except  as  to  ques- 
tions of  its  formalities  and  ille- 
galities. 


In  this  case  school  district  No.  19  of  South  Kings- 
town voted  a  tax  for  school  purposes  and  the  school 
committee  of  the  town  refused  to  approve  of  it.  From 
that  refusal  an  appeal  was  taken  to  the  school  commis- 
sioner, and  on  the  hearing  it  was  objected  that  the 
school  commissioner  had  no  jurisdiction  to  reverse  the 
committee's  vote  and  to  approve  of  the  tax  himself, 
and  as  requested  by  the  party  he  has  laid  the  case  be- 
fore one  of  the  judges  for  his  decision. 

The  right  of  appeal  given  by  Chapter  55,  Sec.  1,  of 
the  School  Law,  is  expressed  in  very  general  terms. 
Yet  it  is  evident  that  it  cannot  be  construed  to 
authorize  him  to  reverse  the  proceedings  of  the  Board 
of  Education,  and  so  of  some  other  officers  who  have 
duties  to  perform  under  the  law.  So  if  a  district  re- 
fuses to  order  a  tax,  he  can  only  order  a  tax  in  the 
case  provided  for  by  law,  where  a  contract  has  been 
made,  etc.  To  hold  otherwise  would  be  to  make  the 
school  commissioner  the  absolute  dictator  on  questions 
of  taxation. 

We  must  be  guided  in  deciding  this  question  by  the 
intention  of  the  law  so  far  as  can  be  gathered  from 
its  language  and  history,  and  we  may  also  resort  in 
cases  of  doubt  to  the  practical  construction  of  it  as 
settled  by  usage  and  previous  decisions. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        103 

It  is  obvious  that  the  commissioner  may  on  appeal 
reverse  a  vote  of  a  district  or  committee  for  infor- 
mality or  illegality,  in  many  cases  where  he  would  not 
have  a  right  to  make  any  further  or  new  decision  of  his 
own.  This  would  be  carrying  out  the  object  of  the 
law  in  giving  the  appeal,  which  has  always  been  held 
to  be  the  prevention  of  litigation,  by  furnishing  a  cheap 
and  speedy  mode  of  deciding  on  such  informalities 
and  illegalities. 

The  location  of  school-houses  is  one  of  those  ques- 
tions where  the  object  of  the  law  is  to  guard  against 
the  prevalence  of  mere  local  interests,  to  guard  the  in- 
terests of  minorities  and  of  non-resident  owners  of 
property  ;  and  in  these  cases  the  commissioner  has 
always  from  the  very  beginning  of  the  system  and 
with  the  presumed  acquiescence  of  the  legislature,  ex- 
ercised the  right  to  make  a  new  location  on  appeal ; 
And  so  in  many  other  cases,  where  it  may  be  neces- 
sary to  protect  the  rights  of  teachers  and  scholars 
from  the  consequences  of  local  excitements  and 
quarrels. 

The  principal  difficulty  in  the  present  case  grows 
out  of  the  very  different  language  used  by  the  General 
Assembly  in  Chap.  48,  "  Of  the  powers  of  school  dis- 
tricts," Sects.  3  and  4.  The  difference  is  too  marked 
to  be  overlooked,  and  I  must  therefore  conclude  that 
while  the  commissioner  may  reverse,  or  refuse  to  re- 
verse, a  vote  or  decision  of  the  committee  in  such  a 
case  as  the  present  one,  for  illegality  or  informality, 
he  cannot  make  a  decision  approving  the  tax. 

E.  R.  POTTER,  A.  J.  S.  C. 

1877. 


104  SCHOOL    MANUAL. 


DECISION   No.  39. 
School  District  No.  1,  Richmond. 

1.    In  case  of  assessing  tax  where  a  I  and  not  the  town  clerk's,  are 

town  assessor  is  to  be  called  the  ultimate  authority  as  to  a 

upon,  the  trustee  before  calling  |  district's  boundaries, 

upon    him,  must  endeavor  to  I  3.    An    assessment    of    a    greater 


agree    with  the-  parties  as  to 
their  valuation. 
2.    The  school  committee's  records, 


amount  than  that  voted  by  the 
district  is  illegal,  whether  the 
excess  be  great  or  small. 


In  the  matter  of  the  appeal  of  the  Wood  River 
Branch  Railroad  against  school  district  No.  1,  of  Rich- 
mond, it  was  claimed  by  the  appellant  that  a  certain  tax 
assessed  by  the  trustee  of  said  district  in  accordance 
with  a  vote  of  the  district,  of  November  3,  1878,  was 
illegal  and  void.  1st.  Because  the  trustee  called  upon 
a  town  assessor  to  value  that  portion  of  the  railroad's 
property  lying  in  the  district,  without  trying  first  to 
secure  an  agreement  with  the  corporation.  2d.  Be- 
cause the  records  of  a  district's  boundaries  as  recorded 
in  the  town  clerk's  office  are  the  legal  bounds  and  the 
ultimate  authority  on  that  question,  while  in  this  case 
the  trustee  followed  certain  bounds  which  were  fur- 
nished by  the  school  committee.  3d.  Because  the 
vote  to  levy  the  tax  only  authorized  a  tax  of  $125, 
whereas  the  tax  as*  assessed  by  the  trustee  amounted 
to  $125.40. 

Upon  the  first  point  raised  by  the  appellant  I  am  of 
the  opinion  that  the  trustee  should,  after  the  tax  was 
voted,  have  endeavored  to  agree  with  the  railroad  cor- 
poration, before  calling  upon  the  assessors  for  their 
aid.  Such  is  the  natural  and  only  legitimate  meaning 
of  the  proviso,  "if  unable  to  agree  with  the  parties 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        105 

interested,"  which  occurs  in  the  section  under  which 
the  action  complained  of  was  taken.  Moreover,  no 
such  proviso  existed  in  the  school  law  of  1845  ;  but 
it  was  subsequently  inserted,  evidently  because  it  was 
found  by  experience  that  a  change  was  necessary  in 
that  direction. 

The  second  claim  of  the  appellant  I  do  not  think  is 
sustained  by  the  law.  In  the  section  of  the  law  which 
refers  to  the  town  clerk  keeping  the  records  of  the 
district  boundaries,  nothing  is  said  or  implied  which 
makes  them  the  final  authority.  On  the  other  hand, 
the  school  committee  is  explicitly  given  full  power  over 
this  question  of  district  boundaries. 

In  regard  to  the  legality  of  an  assessment  where 
the  total  amount  assessed  is  greater  than  the  amount 
voted  by  the  district,  I  think  there  can  be  no  doubt 
that  it  is  illegal.  The  right  to  exceed  the  prescribed 
amount  at  all,  implies  the  right  to  carry  the  excess  to 
almost  any  amount,  and  hence,  in  fact,  transfers  the 
power  of  determining  the  amount  of  the  tax  from  the 
district  to  the  trustee. 

T.  B.  STOCKWELL,  C.  P.  S. 

1879. 

I  hereby  confirm  the  above  decision. 

E.  R.  POTTER,  A.  J.  S.  C. 


106  SCHOOL    MANUAL. 


DECISION   No.    40. 

School  District  No.  4,    West   Greenwich. 

1.  Where  school  committee  change  ;  house  ought  not  to  be  relieved 

territory   from   one  district   to  from  such  responsibility, 

another,  with  an  agreement  of  3.     Change  of  boundaries  does  not 

the  owners  that  they  are  willing  alter  or  destroy  the  identity  of 

to  be  set  back  when  the  com-  the  district, 

mittee  think  best,  such  agree-  4.     Property  added  to  a  district  af- 

ment  is  a  waiver  of  notice  of  ter  a  tax  is  voted,  is  liable  if  it 

such  action  by  the  committee.  is  in  the  district  at  time  of 

2.  Property  that  has  never  contrib-  j  assessment. 

uted  to  the  erection  of  a  school-  I 

From  the  evidence  submitted  it  appears  that  in  Feb- 
ruary, 1876,  the  appellants  being  then  located  in  district 
No.  4, -West  Greenwich,  petitioned  to  be  set  off  to 
district  No.  10,  because  at  that  time  there  was  no 
school-house  in  district  No.  4,  and  therefore  their 
school  privileges  were  very  poor  ;  and  unless  they  be- 
longed to  district  No.  10,  if  they  availed  themselves 
of  the  school  there,  they  would  be  liable  to  pay  for  it. 

They  were  accordingly  set  off  to  district  No.  10  by 
the  committee  ;  upon  the  understanding  as  confessed 
by  both  parties,  that  whenever  district  No.  4  should 
build  a  school-house  this  property  should  contribute  its 
regular  quota  thereto,  it  never  having  been  assessed 
for  this  purpose. 

Matters  continued  thus  till  the  spring  of  1879  when 
the  question  of  building  a  house  was  agitated  in  dis- 
trict No.  4,  and  finally  at  a  meeting  held  March  24, 
1879,  the  district  voted  to  build  and  also  to  assess  a 
tax  of  $350  to  defray  the  expenses. 

The  house  was  constructed  during  the  summer  and 
fall  of  1879,  and  in  November,  when  the  question  of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       107 

raising  the  money  to  pay  for  the  building  arose,  the 
trustee  before  making  the  assessment  of  the  tax  ap- 
plied to  the  school  committee  for  a  particular  state- 
ment of  the  bounds  of  the  district  and  for  such  a 
correction  of  the  lines  as  would  restore  to  the  district 
the  property  previously  transferred  to  district  No.  10. 

Accordingly  a  meeting  of  the  committee  was  called 
for  November  21),  1879,  when  the  matter  was  dis- 
cussed and  finally  laid  upon  the  table  till  the  next 
meeting,  December  4. 

One  object  of  the  postponement  was  to  give  notice 
to  these  two  parties  of  the  proposed  action,  but  through 
some  misunderstanding  no  such  notice  was  given,  and 
on  said  December  4  the  committee  met  and  passed  the 
vote  appealed  from. 

On  the  5th  of  December  the  trustee  made  out  his 
rate  bill  of  the  tax  voted  as  above  on  the  24th  of 
March,  and  delivered  it  to  the  town  collector  for  col- 
lection. 

The  appellants  claim  a  reversal  of  this  vote  of  the 
school  committee  because  ; 

First.  No  notice  of  the  proposed  change  was 
given  them. 

Second.  They  had  no  voice  in  laying  or  voting  the 
tax  which  is  now  assessed  against  them. 

Third.  It  is  more  convenient  for  them  to  be  in  dis- 
trict No.  10  than  in  district  No.  4. 

To  these  claims  the  respondents  rejoin  that 

First.  It  has  never  been  the  custom  in  this  town  to 
give  parties  notice  of  intended  changes  in  the  bound- 
ary lines  of  districts,  nor  is  such  notice  called  for  by 
the  statutes. 


108  SCHOOL    MANUAL. 


Second.  The  action  of  the  committee  was  simply 
carrying  into  effect  the  original  understanding  that 
when  district  No.  4  built  a  school-house  this  property 
should  contribute  its  quota. 

Third .  The  school-houses  in  the  two  districts  are  not 
far  from  being  equidistant  from  these  two  farms  in 
question,  while  the  approaches  to  each  are  such  as  to 
render  a  choice  between  them  very  difficult  to  make. 
Certainly  no  preponderating  advantages  exist  in  favor 
of  district  No.  10. 

Fourth.  The  amount  of  taxable  property  is  much 
less  in  district  No.  4,  than  in  district  No.  10  ;  hence  the 
latter  ought  not  to  be  enriched  at  the  expense  of  the 
former. 

After  a  careful  examination  into  the  facts  I  am 
of  the  opinion  that  the  decision  of  the  school  commit- 
tee in  question  should  be  confirmed  for  the  following 
reasons  : 

First.  The  original  boundaries  of  the  districts  are 
thus  re-established.  It  is  quite  safe  for  us  to  assume 
that  the  original  division  into  districts  was  the  fairest 
distribution  that  could  be  made,  so  far  as  the  rights 
of  all  were  concerned. 

For  the  transfer  of  this  property  from  district  No. 
4  to  district  No.  10  to  be  made  permanent,  would  be 
to  the  very  manifest  injury  of  district  No.  4,  and 
would  require  for  its  justification  very  strong  reasons 
which  I  fail  entirely  to  find. 

Second.  The  acknowledged  understanding  between 
the  appellants  and  the  school  committee  at  the  time  of 
the  transfer  from  district  No.  4  to  district  No.  10  con- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       109 

stitutes  a  practical  waiver  of  notice ;  the  act  com- 
plained of  being  virtually  the  second  part  of  an 
agreement  previously  made. 

Third.  The  property  in  question  having  never  con- 
tributed to  the  erection  of  a  school-house  should  be 
so  assessed,  and  it  is  very  clear  that  district  No.  4  is 
the  district  entitled  to  the  benefit  thereof. 

Fourth.  I  am  fully  of  the  opinion  that  the  best  in- 
terests of  the  two  farms  in  question  will  be  full  as 
well,  if  not  better,  promoted  by  their  being  joined  to 
district  No.  4,  than  if  they  were  annexed  to  district 

No.  10. 

The  claim  that  the  tax  is  not  collectible  of  the  appel- 
lants because  it  was  voted  before  they  were  joined  to 
the  district  and  therefore  a  tax  in  which  they  had,  and 
could  have  had,  no  voice,  is  not  tenable,  because  the 
district  which  voted  the  tax  and  the  district  which 
assessed  it  were  legally  one  and  the  same  district,  and 
all  rights  and  powers  which  were  vested  in  the  one, 
were  of  necessity  vested  in  the  other.  If  such  were 
not  the  case,  every  time  the  bounds  of  a  district  were 
changed  it  would  be  necessary  to  re-elect  officers  and 
re-enact  any  votes  passed  previous  thereto  which 
were  intended  to  have  any  farther  force  or  validity. 
It  is  difficult  to  see,  therefore,  how  the  trustee  when 
he  came  to  assess  the  tax  which  had  been  voted  by 
the  district  could  do  otherwise  than  assess  all  property 
which  the  district  contained  at  the  date  of  his  assess- 
ment. 

To  the  claim  that  such  a  decision  violates  the  princi- 
ple that  one  cannot  be  assessed  for  a  tax  which  he  had 
no  voice  in  ordering,  it  is  sufficient  to  say  that  protec- 


110  SCHOOL    MANUAL. 


tion  against  any  injustice  is  secured  by  the  provisions 
for  an  appeal,  as  in  this  case,  on  the  question  of  merit 
in  the  change  of  bounds. 

I  do  therefore  confirm  and  establish  the  vote  of  the 
school  committee  of  December  4,  1879,  whereby  the 
farms  of  Gideon  Bailey  and  Clark  R.  Franklin  were 
joined  to  district  No.  4,  West  Greenwich ;  and  also 
the  validity  of  the  taxes  assessed  upon  said  property 
by  the  assessment  of  December  5,  1879. 

T.  B.  STOCKWELL,  C.  P.  S. 

1881. 

Approved.  C.  MATTESON,  A.  J.  S.  C. 


^ 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       Ill 


TRUSTEES. 


DECISION   No.   41. 

The  loss  of  the  qualification  as  elector  required  to 
render  a  trustee  eligible  to  the  office,  would  not  cause 
a  forfeiture  of  the  office. 

E.  R.  POTTER,  C.  P.  S. 

1849. 


DECISION   No.    42. 

When  no  appeal  from  the  manner  of  the  election  of 
trustees  is  taken  within  a  reasonable  time,  if  they  act 
in  this  capacity  during  the  year,  their  acts  as  such  are 
valid,  and  they  are  the  acting  trustees  of  the  district. 

E.  R,  POTTER,  C.  P.  S. 

1849. 


DECISION   No.    43. 

When    three   trustees   are   elected,    each   must  be 
elected  every  year. 

E.  R.  POTTER,  C.  P.  S. 
1851. 


DECISION   No.    44. 
When  from  neglect  of  trustees,  the  school  commit- 


112  SCHOOL    MANUAL. 


tee  assume  the  power  of  opening  a  school,  the  trustee 
is  bound  to  respect  their  orders. 

E.  R.  POTTER,  C.  P.  S. 
1851. 


DECISION   No.   45. 

School  District  No.  5,  Little  Compton. 

A  trustee  of  a  school  district  can  only  be  removed  during  hie  term  of  office 
for  cause. 

I  am  of  opinion  that  a  district  having  once  legally 
made  an  election  of  any  of  the  officers  required  by 
law  to  be  elected,  would  have  no  right  to  rescind  it. 

The  case  would  be  different,  however,  with  persons 
who  were  merely  appointed  by  the  district  as  a  com- 
mittee for  some  particular  purpose.  Over  such  cases 
the  district  would  have  complete  control,  and  might 
remove  such  agents  at  pleasure. 

A  trustee  once  elected  and  accepting  could  only  be 
removed  for  good  cause  and  after  notice  and  hearing. 
The  contrary  doctrine  would  lead  to  continual  con- 
tests and  confusion. 

E.  R.  POTTER,  C.  P.  S. 

1853. 


DECISION   No.    46. 

School  District  No.  2,  North  Providence. 

1.  Trustees  can   hire    at  whatever  '    3.    Trustees  have  no  power  to  re- 

wages  they  please.  duce  a  teacher's  wages  or  to 

2.  The    legal    school    year    begins  i  dismiss  him  during  the  term 

May  1st,  annually.  for  which  he  is  hired. 

At  the  proper  time  of  the  year,  and  under  the  ap- 
probation of  the  school  committee,  the  trustees  have 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        113 

unlimited  authority  to  employ  a  teacher  at  whatever 
wages  they  please.  If  they  employ  at  very  high  wages, 
they  may,  by  a  vote  of  the  district,  assess  and  collect 
a  tax  to  defray  the  extra  expense.  If  they  employ  at 
cheap  wages,  the  unexpended  balance  of  their  appro- 
priation must  be  divided  among  the  other  districts. 
And  if  trustees  choose  to  use  only  a  part  of  their 
share  of  the  "teachers'  money"  for  their  own  dis- 
trict, and  leave  the  remainder  to  other  districts,  there- 
by providing  an  inferior  school  for  their  own  children 
and  a  better  one  for  their  neighbors,  no  power  is 
known  to  prevent,  provided  they  do  it  at  the  proper 
time.  At  such  times  as  trustees  may  lawfully  hire 
teachers  for  their  schools,  they  may  hire  as  cheaply  as 
they  can,  provided  the  school  committee  will  appro- 
bate those  hired. 

In  reference  to  the  time  when  the  legal  school  year 
commences,  there  can  be  but  one  opinion.  In  absence 
of  any  vote  of  the  district  prescribing  the  time  at 
which  the  teacher's  contract  shall  terminate,  and  in  the 
absence  of  any  written  or  specific  agreement  between 
the  trustees  and  teachers  as  to  this  time  of  termina- 
ting the  contracts,  mid  in  such  districts  as  have  estab- 
lished permanent  or  yearly  schools  with  fixed  terms 
and  vacations,  the  legal  school  year  must  be  settled 
by  the  statute.  Section  21  of  the  act  relating  to  pub- 
lic schools,  makes  it  necessary  for  a  district  to  keep  a 
school  not  less  than  four  months  at  some  time  during 
the  year  ending  on  the  first  of  May,  in  order  that  it 
may  be  entitled  to  draw  its  portion  of  the  "  teachers' 
money  "  for  the  year  thereafter  ensuing  ;  the  commis- 
sioner is  required  by  section  2,  annually  in  May  to 
apportion  the  money  annually  paid  out  of  the  general 


114  SCHOOL    MANUAL. 


treasury  for  public  schools  among  the  several  towns 
according  to  law,  and  his  office  annually  expires  on 
the  second  Tuesday  of  that  month.  Section  20  en- 
acts, among  other  things,  that  the  school  committee 
44  shall  apportion  as  early  as  practicable  in  each  year, 
among  the  districts,  the  money  received  from  the 
State;"  and  section  21  further  provides  "that  at  the 
end  of  the  school  year  any  money  which  shall  remain 
unexpended  may  be  divided  by  the  committee  among 
the  districts  the  following  year;"  and  finally,  section 
26  makes  it  the  imperative  duty  of  a  district  to  hold 
its  annual  meeting  near  this  time,  namely,  in  April  or 
May.  From  all  this  and  from  the  fact  that  the  returns 
of  the  districts  to  the  school  committees  and  from  the 
committees  to  the  commissioner  are  made  to  this  date, 
and  the  district  officers  are  elected  for  the  year  ending 
at  the  annual  meeting,  when  their  terms  of  office  expire 
unless  continued  by  special  statute,  the  commissioner 
must  decide  that  the  legal  school  year  begins  on  the  first 
of  May  annually,  or  by  section  26,  in  cases  there  pro- 
vided for,  at  the  time  of  the  annual  district  meeting, 
and  in  the  absence  of  all  proof  of  any  specific  vote 
of  the  district,  or  of  any  specific  agreement  between 
the  trustees  and  Mr.  Willard,  that  the  contract  for 
salary  was  from  the  time  of  the  annual  meeting  held 
on  May  29th,  1855;  and  that  the  payment  of  two 
months'  salary  after  that  time  was  a  virtual  renewal 
of  the  agreement  for  another  year,  and  should  so  be 
held  in  common  justice  and  honesty,  unless,  for 
reasons  good  and  sufficient,  the  school  committee  of 
the  town  should  dismiss  him,  as  they  have  a  right  to 
do  under  the  56th  section  of  the  school  law. 

As  to  the  general  power  claimed  by  the  trustees  to 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        115 

reduce  a  teacher's  wages,  or  in  the  alternative  to  dis- 
miss him  from  their  school,  and  that  on  a  very  brief 
notice,  it  should  be  remarked,  that  the  school  law  man- 
ifestly intends  that  the  State  shall  have  some  charge 
of  all  the  schools  which  it  in  part  supports.  It  there- 
fore very  properly  forbids  trustees  to  hire  as  teachers 
persons  who  do  not  possess  certain  moral  and  literary 
qualifications — and  even  those  who  possess  these  in 
an  undoubted  degree,  unless  they  hold  or  can  obtain 
a  certificate  in  the  required  form  and  signed  by  the 
proper  authorities.  The  law  aims  to  prevent  trustees 
from  retaining  a  teacher  who  neglects  his  duty,  and 
provides  that  the  school  committee  may  dismiss  such 
an  one.  All  these  guards  seem  to  be  reared  in  order 
to  prevent  the  trustees  of  a  school  district  from  doing 
two  things  which  would  necessarily  tend  to  destroy  or 
degrade  their  school ;  from  employing  the  immoral  or 
incompetent,  and  thus  poisoning  or  stinting  the  morals 
and  the  minds  of  the  children,  and  from  hastily  dis- 
missing the  worthy  teacher  by  reason  of  any  private 
or  personal  pique,  or  in  consequence  of  some  tempo- 
rary excitement.  And  as  the  State  furnishes  a  por- 
tion of  the  money  which  supports  the  public  school  of 
every  district,  and  gives  that  district  all  the  right  it 
has  to  exist,  and  to  collect  taxes  for  the  further  sup- 
port of  its  schools,  it  is  but  proper  that  it  should  step 
in  by  its  officers  and  prevent  the  trustees  from  injuring 
the  school,  or  from  suddenly  discharging  or  reducing 
the  compensation  of  a  teacher  against  whom  no  defi- 
ciencies are  alleged.  It  is  believed  that  such  powers 
as  are  claimed  would  materially  injure  any  school,  and 
that  under  the  school  law  they  are  not  conferred  upon 
the  trustees. 

1855.  R-  ALLYN,  C.  P.  S. 


116  SCHOOL    MANUAL. 


DECISION   No.  47. 

Case  of  Philip  B.  /StineM,  Jr.,   vs,  J.  H.    Willard, 
Clerk  of  School  Committee,  North  Providence. 


Teachers  cannot  hold  over  end 
of  school  year  without  agree- 
ment to  that  effect,  special  or 


Clerk  has  no  authority  to  per- 
form of  his  own  motion  acts 
that  are  discretionary  with  the 


implied.  committee. 

The  commissioner's  opinion  upon  the  first  point 
whether  these  teachers,  employed  as  they  must  have 
been  on  a  new  term  commencing  within  one  of  the 
months  fixed  for  the  annual  meeting  —  say  April 
28th  —  were  legally  employed,  is,  that  these  teachers 
were  not  legally  employed.  The  time  of  the  annual 
spring  vacation  in  these  schools  comes  within  the 
mouth  of  April,  a  month  in  which  the  annual  meet- 
ing of  the  district  may  occur.  This  must  be  reckoned 
the  end  of  their  year,  unless  by  special  or  implied 
agreement.  There  was  a  vacation,  and  the  trustees, 
or  the  school  committee,  are  the  only  authority  to  reg- 
ulate the  length  of  that  vacation,  and  consequently 
one  or  the  other  of  these  bodies  must  fix  the  beginning 
of  the  term  after  that  vacation.  The  trustees  could 
not  have  done  that  legally,  for  they  had  no  legal  meet- 
ing during  the  time  from  March  till  May  27th,  or  about 
that  time.  And-the  school  committee  did  not  fix  the 
time  of  commencing  these  schools.  The  teachers  must, 
therefore,  be  considered  as  having  begun  the  schools 
of  their  own  motion,  and  they  were,  therefore,  not 
legally  employed  in  such  sense  as  to  be  entitled  to  or- 
ders on  the  town  treasury  for  teachers'  money  for  their 
wages.  It  may  here  be  remarked,  that  as  the  time 
from  April  28th  to  May  31st  was  only  a  small  portion 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       117 

of  the  summer  term,  there  was  ample  time  for  an  elec- 
tion of  trustees  by  the  district,  and  the  adoption  of 
these  schools  both  by  these  trustees  and  the  school 
committee,  but  at  the  time  of  ordering  these  bills  they 
had  not  thus  been  adopted. 

As  to  the  second  point,  whether  the  clerk  could 
legally  order  bills  of  this  kind,  the  commissioner  is 
clearly  of  opinion,  in  accordance  with  a  decision  of 
the  late  commissioner,  Hon.  E.  R.  Potter,  that  the 
clerk  has  no  power  whatever  to  do  any  act  that  is  dis- 
cretionary with  the  committee  to  do  or  not  to  do.  It 
is  a  well  settled  principle  that  such  a  body  as  a  school 
committee  cannot  delegate  to  any  one  of  its  servants 
any  discretionary  power.  It  may,  and  indeed  will, 
often  find  it  necessary  to  delegate  ministerial  powers, 
but  it  cannot  go  further  than  this  in  its  acts  of  dele- 
gation. As  these  bills  were  under  protest,  and  as  it 
lay  wholly  in  the  discretion  of  the  school  committee  to 
receive  the  schools  and  visit  them  and  allow  the  teach- 
ers their  bills  for  wages,  in  short,  to  make  them  legal, 
it  must  be  held  that  any  act  of  the  clerk  which  would 
attempt  to  forestall  the  action  of  the  committee  in  re- 
gard to  that  protest  would  be  illegal  and  void. 

R.  ALLYN,  C.  P.  S. 

1856. 


118  SCHOOL    MANUAL. 


DECISION   No.  48. 
School  District  ltd.  <9,  West  Greenwich. 

1.    Districts  have  no  power  to  hire  1    2.    District  trustees  must  act  as  a 
teachers  by  vote.  board. 

The  commissioner  decides  that  a  district,  at  a  meet- 
ing of  its  voters,  has  no  power  to  hire  a  teacher  even 
if  the  meeting  is  legally  called,  and  such  an  item  is 
inserted  in  the  warrant.  In  sections  33-36,  inclusive, 
of  the  act  relating  to  public  schools,  which  enumerate 
the  powers  of  districts,  no  mention  is  made  of  the 
"power  to  employ"  teachers;  but,  on  the  contrary, 
section  40,  specially  confers  upon  the  trustees  that 
power,  and  it  is  made  "their  duty"  "to  employ  one 
or  more  qualified  teachers  for  every  fifty  scholars  in 
average  daily  attendance."  It  is,  therefore,  the  plain 
duty  of  the  trustees  to  employ  all  teachers,  and  a 
meeting  of  the  voters  of  a  district  could  only  be  ad- 
visory. 

As  to  the  mode  in  which  the  trustees  shall  discharge 
their  duty,  it  ought  to  be  a  rule  never  to  be  departed 
from,  that  when  the  district  appoints  three  trustees, 
as  it  may,  the  three  should  meet  and  confer  upon  all 
questions  relating  to  their  official  duty.  Many  of  their 
duties  are  deliberative,  and,  therefore,  cannot  be  del- 
egated to,  or  assumed  by,  any  one  of  their  number ; 
such  as  making  contracts  with  teachers,  or  for  repairs 
or  fuel  and  preparing  tax  lists ;  and  these  things,  of 
course,  require  a  meeting  of  the  three,  or  at  least  of  a 
majority  after  due  notice  given  to  the  absent  minority. 
And  it  is  highly  improper,  that  any  single  one  should, 
in  any  duty  not  strictly  ministerial  and  prescribed  to 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      .119 

him  by  vote  of  the  body  at  a  meeting,  act  with  the 
expectation  that  his  colleagues  will  ratify  what  he  shall 
have  done. 

The  mode  of  notifying  meetings  of  trustees  is  not 
specified  by  law,  and  is  therefore  left  to  be  a  matter  of 
common  agreement  among  them.  Generally,  as  they 
are  near  each  other,  a  verbal  notice  from  the  chair- 
man, will  be  sufficient. 

R.  ALLYN,  C.  P.  S. 

185G. 

Approved.  G.  A.  BRAYTON,  A.  J.  S.  C. 


DECISION   No.    49. 

If  a  district  vote  to  build  or  repair  a  school-house, 
and  appoint  a  building  committee  for  that  purpose, 
and  the  building  committee  be  empowered  by  general 
terms  as  "to  build"  or  "repair"  as  distinguished 
from  merely  contracting  for  the  same,  that  is,  be 
armed  with  general  powers  to  carry  through  the  pro- 
ject of  the  district,  such  powers  would  include  as 
incidental,  the  power  to  give  orders  on  the  district 
treasurer  for  the  payment  of  those  employed  by  them. 

If,  however,  the  power  of  the  committee  be  so  re- 
stricted by  the  form  of  the  vote  as  to  exclude,  or  not 
naturally  to  include  this  power,  then  it  belongs  to  the 
trustees  of  the  district,  in  whom  is  the  general  custody, 
in  the  sense  of  care,  of  the  property  of  the  district,  and 
who  are  expressly  armed  with  all  powers  necessary  to 
carry  out  the  powers  and  duties  of  the  district. 

S.  AMES,  C.  J.  S.  C. 

1858. 


120  SCHOOL    MANUAL. 


DECISION   No.    50. 
School  District  'No.  2,  Cranston. 

If  a  district  elect  one  trustee  at  annual  meeting,  they  cannot  at  a  subsequent 
meeting  elect  two  more. 

My  decision  is  that  the  vote  and  proceedings  of  the 
district  at  their  meeting  held  May  7,  1859,  are  void. 

At  the  annual  meeting,  the  district  could  elect  one 
trustee  or  three  trustees,  as  they  might  decide.  They 
decided  to  elect  and  did  elect  but  one, — Mr.  Richard- 
son. There  was  thus  an  election  at  the  annual  meet- 
ing, and  the  trusteeship  of  the  district  was  full,  accord- 
ing to  the  authorized  decision  of  the  district.  There 
was,  therefore,  no  election  of  trustees  to  be  made  at 
any  subsequent  meeting. 

As  no  vacancy  in  the  office  has  occurred  from  any 
of  the  causes  named  in  Chap.  61,  Sect.  5,  of  the  Re- 
vised Statutes,  there  was  none  for  the  district  to  fill,  at 
their  adjourned  meeting  of  May  7,  1859. 

Mr.  Richardson  is,  therefore,  the  sole  trustee  of 
school  district  No.  2  of  the  town  of  Cranston,  for  the 
year  ensuing  his  election. 

S.  AMES,  C.  J.  S.  C. 

1859. 


DECISION   No.  51. 
School  District  No.  7,  Barrington. 

A  school-house  may  be  occupied  for  a  singing  school,  when  such  occupa- 
tion does  not  interfere  with  the  ordinary  school,  without  the  consent,  or 
even  against  the  vote,  of  the  district. 

The  question  at  issue  is  manifestly  without  the  juris- 
diction of  the  district,  and  has  already  been  decided 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       121 

upon  by  the  proper  tribunal,  viz  :  by  the  commissioner 
of  public  schools,  approved  by  the  Chief  Justice  of 
the  Supreme  Court. 

"\Vith  regard  to  the  instance  cited  in  said  appeal,  the 
use  of  the  house  for  a  singing  school,  as  a  violation 
of  such  decision,  I  am  of  opinion  that  the  use  of  said 
house  for  such  instruction  is  perfectly  legitimate  "  to 
purposes  connected  with  public  instruction." 

Instruction  in  vocal  music  is  a  part  of  our  system 
of  public  education,  and  is  so  recognized  and  paid  for 
by  the  city  of  Providence  out  of  the  "  teacher's 
money,"  and  is  recognized  and  employed  as  an  impor- 
tant element  of  education  in  nearly  all  the  rural  dis- 
tricts of  our  commonwealth.  Many  of  our  school 
committees  insist  upon  its  introduction  into  the  public 
schools,  and  nearly  all  the  school  reports  which  reach 
the  office  are  emphatic  in  its  recommendation.  And 
certainly  if  the  younger  children  may  be  instructed  in 
vocal  music  in  the  public  school-house,  and  this  too 
during  school  hours,  there  can  be  no  legal  objection 
why  their  older  brothers  and  sisters  and  friends  may 
not  receive  such  instruction  at  the  same  place  out  of 
school  hours. 

Nor  is  the  fact  that  the  teacher  receives  pecuniary 
compensation  from  his  pupils  pertinent  to  the  ques- 
tion ;  for  to  allow  it  to  be  so  would  be  to  question  the 
legal  use  of  school-houses  for  public  schools,  many  of 
the  sessions  of  which  are  prolonged  by  private  sub- 
scriptions, and  are  of  course  kept,  in  the  same  sense 
in  which  the  one  is  kept  to  which  reference  is  made,  by 
' '  private ' '  individuals. 

The  manner  in  which  any  teacher  is  paid,  or  whether 
his  services  are  gratuitous,  does  not  affect  the  question 
11 


122  SCHOOL    MANUAL. 

in  point.  Moreover,  such  a  legitimate  use  of  the 
school-house  would  not  require  "the  general  consent 
of  the  tax-paying  voters,"  said  "private  individual" 
having  permission  for  occupancy  from  the  trustees  of 
said  district,  in  whom  the  law  places  the  custody  of 
the  school-house. 

J.  B.  CHAPIN,  C.  P.  8. 
1860. 

Approved.  8.  AMES,  C.  J.  8.  C. 

See  Decision  No.  2,  Page  69. 
See  Decision  No.  8,  Page  79. 
See  Decision  No.  10,  Page  80. 
See  Decision  No.  28,  Page  93. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       123 


POWERS  AND  DUTIES  OF  SCHOOL  COMMITTEE  AND 
APPORTIONMENT  AND  USES  OF  SCHOOL  MONEY. 


DECISION   No.  52. 
School  District  No.  o,  Cumberland. 

1.    School  teacher  without  a  certifi-      2.    No  particular  mode  of  notifying 


cate  cannot    draw    "  teachers' 
money." 


meetings  of  the   school  com- 


mittee. 


1st.     No  teacher  can,  under  any  circumstances,  be 
entitled  to  demand  any  portion  of  the  public  money 
unless  he  has  a  certificate  of  qualification  valid  at  the  . 
time  he  keeps  the  school. 

2d.  Although  the  committee  may  provide  by  by- 
law a  mode  of  calling  meetings  of  their  body,  such 
by-law  would  not  exclude  any  other  mode  of  calling 
meetings  ;  and  if  a  quorum  be  present,  and  all  those 
who  are  capable  of  attending  have  had  reasonable  no- 
tice, and  there  is  no  charge  of  any  unfair  or  improper 
proceedings,  the  meeting  will  be  held  to  be  a  legal  one  ; 
the  committee  being  a  body  appointed  by  law  for  the 
performance  of  a  trust,  and  the  law  itself  prescribing 
no  particular  mode  of  calling  such  meeting. 

E.  R.  POTTER,  C.  P.  S. 

1849. 

Approved.  R.  W.  GREENE,  C.  J.  S.  C. 


124  SCHOOL    MANUAL. 


DECISION   No.  53. 

The  town  has  a  right  to  direct  how  the  money  it 
raises  shall  be  divided,  and  the  committee  must  ap- 
portion it  accordingly,  but  the  town  can  give  no  order 
for  the  payment  of  any  portion  of  it.  Towns  can 
make  special  appropriations  to  aid  districts,  but  it 
cannot  be  done  out  of  the  school  money,  either  State 
or  raised  by  the  town  under  the  school  law. 

E.  R.  POTTER,  C.  P.  S. 

1850. 


DECISION   No.  54. 

/School  District  No.  3,  North  Providence. 

A  school  district  ought  not  to  be  divided  when  it  can  conveniently  establish 
a  graded  school. 

I  am  of  opinion  that  that  portion  of  the  proviso 
contained  in  Sect.  4,  par.  1,  of  the  school  act,  respect- 
ing the  grading  of  schools,  is  to  be  construed  as  lay- 
ing down  a  principle  for  the  regulation  of  the  discretion 
of  the  committee.  It  is  not  definite  and  positive  in  its 
terms,  and  cannot  be  made  so  from  the  nature  of  the 
case.  Each  case  must  depend  upon  its  own  circum- 
stances. But  before  acting  in  such  a  case  the  com- 
mittee should  enquire  and  adjudge  that  each  district 
will  have  the  required  number  of  scholars,  and  that 
the  schools  cannot  conveniently  be  graded. 

In  regard  to  the  facts  of  the  case,  taking  all  the  cir- 
cumstances together,  and  with  the  probability  that  the 
population  of  the  north  part  of  the  district  from  its 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        125 

vicinity  to  the  city  must  be  constantly  increasing,  and 
that,  therefore,  the  district  presents  a  favorable  oppor- 
tunity of  carrying  out,  sooner  or  later,  the  apparent 
intention  of  the  proviso,  I  am  of  opinion  that  the  dis- 
trict should  not  be  divided,  and  the  decision  of  the 
committee  is  therefore  reversed. 

E.  R.  POTTER,  C.  P.  S. 

I  hereby  approve  of   the  decision  of   the  commis- 
sioner. 

R.  W.  GREENE,  C.  J.  S.  C. 

1851. 


DECISION   No.    55. 

The  school  committee  are  the  proper  authority  to 
dismiss  a  teacher  who  does  not  give  satisfaction. 

E.  R.  POTTER,  C.  P.  S. 
1852. 

Approved.  R.  ALLYN,  C.  P.  S. 

1855. 

Approved.  J.  B.  CHAPIN,  C.  P.  S. 

1861. 


DECISION   No.    5G. 
School  District  No.  <?,  North  Providence. 


1.  School  committee  may  limit  their 
certificates,  hut  general  certifi- 
cates must  he  construed  to  their 
plain  purport. 


2.  School  committee  cannot  dele- 
gate the  power  to  annul  a 
teacher's  certificate. 


On  consideration  I  adhere  to  the  decision  formerly 
made  upon   this   point,  that  although   the  committee 

11* 


126  SCHOOL    MANUAL. 


have  the  power  to  limit  their  certificates  to  particular 
schools,  yet  if  they  see  fit  to  give  a  certificate  of  gen- 
eral qualification,  it  must  be  construed  according  to 
its  plain  purport,  and  to  allow  the  written  certificate 
to  be  contradicted  or  varied  by  any  understanding  not 
expressed  on  the  face  of  the  certificate  itself  would 
be  a  dangerous  practice,  leading  to  continual  misun- 
derstanding and  litigation. 

The  power  of  annulling  certificates  is  an  important 
one.  It  gives  the  committee  control  over  the  teacher, 
it  authorizes  them  to  pronounce  a  judgment  against 
him  for  unfitness  or  misconduct,  which  may  have  the 
effect  of  ruining  him  in  his  profession,  and  of  injur- 
ing materially  his  prospects  for  general  success  in  life. 
If  the  construction  was  doubtful,  these  considerations 
would  incline  me  to  lean  against  the  right  claimed  for 
the  committee  to  delegate  this  power.  But  the  con- 
struction appears  to  me  to  be  plainly,  that  the  com- 
mittee have  not  the  right  to  delegate. 

And  if  the  sub-committee  had  not  the  power  to 
annul  the  certificate,  the  subsequent  recognition  of  it 
by  the  committee  would  not  render  it  valid. 

E.  R.  POTTER,  C.  P.  S. 

1852. 


DECISION   No.    57. 
School  District  No.  5,  North  Providence. 

1.    School  committee  may  not  com-  i    3.     School  committee  cannot  dele- 


pel  a  gradation  of  schools. 
2.    School  committee  have  power  to 
limit  and  explain  their  certifi- 


gate  its  general  powers. 
4.    Committee  have  power  to  annul 
certificate  for  good  cause. 


cates. 

1st.     The  school  committee  may  promote   by    ad- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       127 

vice  and  recommendation,  but  have  no  power  to  com- 
pel, a  gradation  of  schools  by  a  district. 

2d.  The  committee  have  the  power  to  limit  and 
explain  their  certificates.  To  construe  the  law  to 
require  perfection  in  the  branches  named  in  section  54, 
would  be  unreasonable,  and,  indeed,  it  is  impossible  to 
make  a  perfectly  definite  standard.  If  so,  there  is  no 
reason  why  the  certificate  should  not  express  the  de- 
gree of  qualification. 

3d.  The  committee  cannot  delegate  their  gen- 
eral powers.  The  powers  of  visiting  schools  and 
examining  teachers  they  are  specially  authorized  to 
delegate.*  There  can  be  no  objection,  also,  to  a 
committee  authorizing  its  officers  to  draw  orders  for 
payment  of  bills,  upon  the  performance  of  certain 
conditions,  as  on  making  a  return,  etc.  But  to  dele- 
gate a  power,  which  is  supposed  to  imply  the  exercise 
of  a  discretion  in  the  committee,  seems  contrary  to  the 
intention  of  the  law  in  giving  such  power  to  the  com- 
mittee. 

4th.  The  committee  have  the  undoubted  right  to 
annul  a  certificate,  or  dismiss  a  teacher,  for  good 
cause.  No  particular  form  is  necessary  for  doing 
this.  But  the  trustee  should  be  plainly  informed  that 
the  certificate  is  annulled,  or  the  teacher  dismissed. 
And  the  teacher  should  be  notified,  that  he  may  have 
a  chance  to  defend  himself. 

E.  R.  POTTER,  C.  P.  S. 

1852. 


*By  the  school  law  of  1839,  the  committee  were  expressly  authorized  to 
delegate  ALL  their  powers,  and  the  practice  was  productive  of  great  evil. 


128  SCHOOL    MANUAL. 


DECISION   No.  58. 
Appeal  from  School  Committee  of  North  Kingstown. 

Scholars  cannot  be  compelled  to  make  fires  for  school-houses  by  either  trus- 
tee or  school  committee. 

The  regulation  No'.  26,  adopted  by  the  school  com- 
mittee October  25,  1852,  is  in  these  words:  "The 
trustee  or  trustees  of  each  district,  with  the  teacher, 
may  cause  the  fires  to  be  made  in  the  school-house,  by 
directing  the  scholars  of  a  suitable  age  to  take  turns 
in  making  the  fires,  or  procure  them  to  be  made  in  any 
other  way  they  may  think  proper." 

In  a  private  school  the  teacher  has  a  right  to  pre- 
scribe his  own  terms.  The  parent  who  sends  children 
to  the  school  delegates  to  the  teacher  the  right  to 
govern  them  according  to  his  own  rules,  and*  to  punish 
to  a  reasonable  extent  for  the  violation  of  them.  The 
remedy  of  the  parent,  if  he  does  not  like  the  school  or 
its  regulations,  is  in  not  sending  to  it. 

Before  the  establishment  of  a  public  school  system, 
all  our  schools  were  of  this  character.  The  practice 
of  requiring  scholars  to  perform  services  of  this  sort 
was  generally  adopted  in  the  country  schools,  and  in 
many  of  them  has  continued  to  this  day.  It  remains 
to  inquire  what  alteration  the  establishing  of  public 
schools  by  law,  supported  by  the  common  funds  and 
property  of  the  State,  has  made  in  the  rights  of  the 
parties  in  this  respect. 

To  a  public  school  every  parent  has  a  legal  right  to 
send  his  children.  He  sends  them  subject  to  the  law- 
ful authority  of  the  teacher,  and  to  the  lawful  regula- 
tions which  may  be  prescribed  for  the  discipline  and 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       129 

studies  of  the  school,  but  he  has  a  right  to  insist  that 
no  regulations  be  made  which  the  law  does  not 
authorize. 

The  right  claimed,  if  it  exists  at  all,  must  be  de- 
rived from  the  general  power  of  the  committee  to  make 
regulations,  or  from  the  authority  given  to  districts 
and  trustees  to  make  assessments  on  scholars  and 
their  parents.  (Sec.  59.)  The  latter,  however,  it  is 
very  evident,  contemplates  only  assessments  to  be 
paid  in  money  and  not  labor. 

The  power  of  the  committee  to  make  regulations  is 
given  by  section  1,  which  authorizes  them  "to  make 
and  cause  to  be  put  up  in  each  school-house,  or  fur- 
nished to  each  teacher,  a  general  system  of  rules  and 
regulations  for  the  admission  and  attendance  of  pupils, 
the  classification,  studies,  books,  discipline,  and 
method  of  instruction  in  the  public  schools." 

It  seems  to  me  very  plain  that  the  power  to  make  a 
regulation  of  the  character  of  the  one  in  question  is 
not  given  in  this  paragraph.  We  might  as  well  infer 
a  right  to  require  the  scholars  to  cut  and  saw  the  wood. 
And  as  I  can  find  no  other  authority  for  it  in  the  law, 
it  must  be  considered  as  unauthorized  by  law,  and  ac- 
cordingly null  and  void. 

E.  R.  POTTER,  C.  P.  S. 

1853. 


DECISION   No.  59. 

/School  District  No.  5,    West  Greenwich. 

School  committee  have  power  to  so  divide  town  money  as  to  equalize  the 
amounts  among  the  several  districts. 

In  reference  to  the  petition  which  asks  that  the  com- 


130  SCHOOL    MANUAL. 


missioner  would  reverse  the  act  of  the  committee  of  said 
town  dividing  the  public  school  money  equally  among 
all  the  districts  of  the  town,  the  commissioner  decides 
that  he  can  afford  no  relief.  The  general  school  law 
does  indeed  expressly  state,  that  the  one-half  of  the 
money  given  from  the  general  treasury  for  public 
schools  in  any  town  shall  be  divided  in  proportion  to 
the  average  attendance  of  scholars  in  the  several 
schools  of  the  town  ;  and  the  other  half  equally  among 
the  several  districts.  But  it  does  not  specify  the  man- 
ner in  which  a  town  may  divide  the  money  raised  by 
its  own  vote,  and  that  arising  from  the  payment  of 
registry  and  military  taxes.  It  was  given  as  the 
opinion  of  the  late  commissioner,  Hon.  E.  R.  Potter, 
that  towns  are  at  liberty  to  divide  this  according  to 
their  own  pleasure,  so  that  they  use  it  judiciously  for 
the  good  of  their  schools.  It  may  follow,  therefore, 
that  a  town  may  so  divide  its  own  money,  and  registry 
and  military  taxes,  as  to  make  up  the  inequalities  in 
the  sums  payable  to  its  several  districts,  that  would 
arise  from  the  legal  division  of  the  State's  money. 
And  as  the  usage  is  of  long  standing  thus  to  equalize 
the  portions  of  public  money  paid  to  the  several  dis- 
tricts in  West  Greenwich,  the  commissioner  sees  no 
reason  to  disturb  it,  and  feels  that  he  has  no  authority 
so  to  do. 

R.  ALLYN,  C.  P.  S. 
1856. 

Approved.  G.  A.  BRAYTON,  A.  J.  8.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        131 

DECISION    No.  60. 

John  U.  Wittard  vs.  School  Committee  of  North  Prov- 
idence. 

1.    Election   of  chairman   and   clerk      2.     Hchool  committee  cannot  vacate 
necessary  to  the  legal  organiza-  the  office  of  clerk  but  by  hear- 

tion  of  a  school  committee.         '  ing  and  for  cause. 

Has  the  school  committee  a  right,  after  having  made 
an  election  of  a  clerk, — an  officer  created  by  the  school 
law  and  necessary  to  the  organization  and  legal  action 
of  the  committee, — to  remove  that  clerk,  unless  by 
charges  and  trial,  after  notice,  for  misdemeanor  before 
the  expiration  of  the  term  of  their  office  ? 

I  am  of  opinion  that  the  school  law,  (see  sections 
9  and  10,)  makes  the  election  of  a  chairman  and  clerk 
necessary  to  a  legal  organization  of  the  committee, 
and  the  law  nowhere  gives  to  the  committee  any  power 
whatever  to  remove  its  officers.  This  removal  can 
therefore  only  be  made  for  cause,  and  in  the  same  man- 
ner as  an}'  other  officer  elected  for  a  specified  time  could 
be  removed.  This  must  be  by  trial,  and  after  notice. 

With  this  view,  a  decision  of  the  late  commissioner, 
Hon.  E.  R.  Potter,  accords.  That  was  in  regard  to  a 
district  trustee,  an  officer  of  no  more  responsibility 
than  a  clerk  of  the  school  committee,  and  wras  to  the 
effect  that  "  an  election  once  made  could  not  be  re- 
scinded, and  that  he,  the  trustee,  could  only  be  re- 
moved after  notice  and  a  hearing." 

My  decision,  therefore,  is,  that  said  vote,  passed  as 
it  was  without  previous  notice  and  opportunity  given 
for  hearing  and  trial,  is  void. 

1857.  R.  ALLY*.  C.  P.   S. 

Approved.  S.  AMES,  C.  J.  S.  C. 


132  SCHOOL    MANUAL. 


DECISION   No.    61. 

John  U.  Willard  vs.  School  Committee  of  North  Prov- 
idence. 

A  clerk  of  a  school  committee  may  be  removed  from  office  for  cause,  after 
notice  and  hearing. 

Mr.  Willard  in  his  argument  contends  that  no  power 
is  given  in  the  school  laws^  to  the  committee  to  remove 
a  clerk,  and  that  such  an  officer  can  be  removed  only 
by  impeachment ;  but  section  sixty-five  of  the  law,  to 
which  reference  is  made,  speaks  of  penalties  for  the 
non-performance  or  mal-performauce  of  duties  by 
school  officers,  and  does  not  mention  removal  from 
office.  There  is  a  wide  difference  between  removal 
from  office,  and  punishment  inflicted  for  willful  crime 
in  office.  As  removal  is  not  mentioned  in  the  law, 
this  must,  when  deemed  necessary,  be  done  in  accord- 
ance with  common  law.  A  decision  was  made  by  the 
late  commissioner,  Hon.  E.  R.  Potter,  in  relation  to 
the  removal  of  trustees,  in  which  he  says,  ''They  can 
only  be  removed  after  notice  and  trial  for  cause  ; ' ' 
and  this  implies  that  these  and  other  school  officers 
can  be  removed,  by  the  bodies  appointing  them,  after 
such  notice  and  trial,  for  cause.  An  opinion  given 
by  Chief  Justice  Ames  on  January  31,  1857,  is  to  the 
purport  that  a  clerk  of  a  school  committee  can  be  law- 
fully removed  for  good  cause,  after  notice  and  trial. 
Another  opinion,  given  by  the  same  judge  in  case  of 
Smith,  asking  a  rehearing  before  the  commissioner, 
implies  that  the  evident  design  of  the  school  law  was 
to  relieve  the  courts  from  litigation  in  the  small  mat- 
ters that  may  concern  the  public  schools,  and  to  pro- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       133 

vide  tribunals,  cheap,  accessible,  and  speedy,  for  the 
redress  of  wrong  or  injury  in  such  cases.  But  if  a 
school  committee  must  be  compelled  to  go  before  a 
court  of  law  for  redress,  in  case  of  every  refractory 
clerk  or  other  officer  elected  by  them,  for  the  sole  pur- 
pose of  giving  expression  to,  or  of  recording  their 
doings,  this  very  laudable  object  of  the  law  will  be 
entirely  defeated.  This  seems  entirely  contrary  to 
the  whole  spirit  of  the  law,  and  is  believed  to  be  con- 
trary to  usage  also. 

It  is  therefore  held,  that  the  committee  have  power 
to  remove  their  clerk,  after  sufficient  notice  of  their 
intention,  and  opportunity  for  trial  and  defence. 
That  the  appellant  had  such  notice  and  made  defence 
was  fully  proved.  The  appellant  asks  that  the  facts 
may  be  laid  before  Hon.  Chief  Justice  £rnes  for  his 
opinion  thereon. 

It  then  only  remains  to  consider  whether  the  causes 
alleged  for  removal,  as  above  recited,  were  true  and 
sufficient  to  warrant  the  action  of  the  committee.  And 
the  commissioner  decides  that  in  his  opinion  they  were 
fully  proved  to  be  true,  as  above  stated,  and  that  they 
were  also  sufficient  to  warrant  the  removal. 

R.  ALLYN,  C.  P.  S. 

1857. 

I  fully  concur  in  the  above  opinion. 

S.  AMES,  C.  J.  S.  C. 


DECISION  No.  62. 

A  single  estate  may  not  be  taken  from  one  town  to 

be  united  with  a  district  in  another  town  for  the  pur- 
12 


134  SCHOOL    MANUAL. 


pose  of  forming  a  joint  district,  especially  when  other 
estates  are  as  favorably  situated  for  the  same  purpose. 

J.    KlNGSBURY,    C.    P.    8. 

1857. 


DECISION  No.  63. 

A  formal  recorded  vote  is  not  necessary  to  the  loca- 
tion of  a  school-house. 

S.  AMES,  C.  J.  S.  C. 

1859. 


DECISION   No.  64. 

Town  money  can  be  used  for  incidental  expenses. 
J.  B.  CHAPIN,  C.  P.  S. 

1860. 


DECISION  No.  65. 

The  power  to  expel  a  pupil  from  school  is  in  the 
hands  of  the  committee. 

J.  B.  CHAPIN,  C.  P.  S. 
1864. 


DECISION   No.  66. 

Isaac  M.  Ball  et  at.  vs.  School  Committee  of  the  Town 
of  Woonsocket. 

1.    The  power  to  originally  la y  out      2.    School  committee  have  the  power 
or  form  school  districts  is  vested  to    discontinue    one    district, 

in  the  school  committee.  even  against  its  will,  and  join 

it  to  another. 

This  is  an  appeal  by  a  number  of  persons,  styling 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       135 

themselves  "  residents,  tax-payers  and  voters  in  the 
10th  school  district  of  Woonsocket,"  to  the  commis- 
sioner of  public  schools,  from  the  decision  and  doings 
of  the  school  committee  of  Woonsocket,  the  effect  of 
which  was  to  discontinue  district  No.  10  and  to  enlarge 
No.  9,  so  as  to  include  the  territory  previously  within 
No.  10. 

The  commissioner  of  public  schools  lays  before  us 
a  statement  of  the  facts  of  the  case,  agreed  to  both 
by  the  appellants  and  appellees,  for  our  decision. 
These  facts  are:  "1.  The  three  villages  of  Globe, 
Bernon  and  Hamlet  were  originally  parts  of  the  town 
of  Smithfield,  and  were  each  organized  as  independent 
school  districts.  2.  When  these  districts  were  set  off 
from  Smithfield  and  annexed  to  Woousocket,  they  re- 
tained their  original  district  organization,  suffering  no 
change  except  that  of  name,  the  Globe  District  hence- 
forth being  known  as  No.  8,  Bernon  as  No.  9,  and 
Hamlet  as  No.  10.  3.  At  a  legal  meeting  of  the 
school  committee  of  Woonsocket  held  June  6,  1873, 
it  was  voted,  that  district  No.  10  at  Hamlet  be  and  it 
is  discontinued;  also  that  the  boundaries  of  district 
No.  9  be  established  so  as  to  include  what  formerly 
belonged  to  both  Nos.  9  and  10." 

The  question  raised  upon  these  facts  by  the  appeal 
is,  did  the  school  committee  have  power  to  discontinue 
district  No.  10  and  to  alter  the  boundaries  of  district 
No.  9  so  as  to  include  the  territory  previously  within 
No.  10,  the  voters  in  these  districts  having  never  voted 
to  consolidate  them  ? 

Section  3,  chapter  53,  of  the  General  Statutes  pro- 
vides, that  "The  school  committee  may  alter  and 
discontinue  school  districts,  and  shall  settle  their 


136  SCHOOL    MANUAL. 


boundaries  when  undefined  or  disputed ;  but  no  new 
district  shall  be  formed  with  less  than  forty  children 
between  the  ages  of  four  and  sixteen,  unless  with  the 
approbation  of  the  commissioner  of  public  schools." 
The  school  committee  rely  upon  this  section  as  author- 
ity for  their  action.  It  certainly  seems  sufficient. 

The  appellants,  however,  contend  that  such  a  con- 
struction of  the  section  above  quoted  is  inconsistent 
with  other  provisions  of  the  statutes  relating  to  public 
schools.  They  refer  to  section  2,  chapter  47,  of  the 
General  Statutes:  "Of  the  powers  and  duties  of 
towns  ....  relative  to  public  schools,"  which 
is,  "Any  town  may  be  divided  by  a  vote  thereof  into 
school  districts,"  and  argue  that  under  the  construc- 
tion claimed ,  it  would  be  possible  for  a  school  com- 
mittee to  nullify  the  action  of  the  voters  of  a  town. 
They  also  refer  to  section  5,  chapter  50,  of  the 
General  Statutes.  "Of  joint  school  districts,"  by 
which  ' '  any  two  or  more  adjoining  school  districts 
in  the  same  town  may  by  concurrent  vote,  with  the 
approbation  of  the  school  committee,  unite  and  be 
consolidated  into  one  district,  for  the  purpose  of  sup- 
porting public  schools,  and  such  consolidated  district 
shall  have  all  the  powers  of  a  single  district,"  and 
contend  that  the  construction  claimed  renders  this  sec- 
tion practically  useless,  since  if  a  school  committee 
may  first  discontinue  a  district  and  then  enlarge  an 
adjoining  district  so  as  to  include  the  one  discontin- 
ued, a  consolidation  of  the  two  may  be  affected  by 
the  action  of  the  school  committee  alone,  without  the 
concurrent  votes  of  the  districts;  and  a  result  may  thus 
be  accomplished  indirectly  in  a  manner  different  from 
that  provided  for  accomplishing  the  same  result  directly. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        137 


The  appellants  also  refer  to  chapter  48,  of  the  Gen- 
eral Statutes,  "Of  the  powers  of  school  districts," 
by  which  school  districts  are  made  bodies  corporate 
and  vested  with  certain  powers  necessary  for  the  dis- 
charge of  their  duties. 

The  appellants  assert  that  section  3,  chapter  53,  of 
the  General  Statutes  should  be  so  construed  as  to  har- 
monize with  these  several  sections  to  which  they  refer, 
and  suggest  that  all  the  General  Assembly  intended 
was,  that  school  committees  should  alter  and  establish 
the  boundaries  of  school  districts  when  undefined  or 
disputed,  and  form  new  districts  from  parts  of  dis- 
tricts, when  from  any  cause  it  should  become  desirable 
to  sub-divide  existing  districts,  and  should  only  wholly 
discontinue  or  abolish  a  district  with  its  consent. 

Doubtless  all  these  provisions  of  the  statutes  are  to 
be  so  construed  as  to  make  them  consistent  and  to 
give  effect  to  all.  But  is  the  construction  claimed  for 
section  3,  chapter  53,  really  inconsistent  with  the 
proper  construction  of  the  other  sections  of  the  stat- 
utes to  which  our  attention  has  been  directed?  We 
think  not. 

The  language  of  the  first  of  these  —  section  2,  chap- 
ter 47 —  is,  "Any  town  may  be  divided,  by  a  vote 
thereof,  into  school  districts."  This  may  mean  either 
that  the  town  may  divide  itself  by  its  vote,  or  that  it 
may  be  divided,  if  it  shall  so  vote.  We  think,  that 
the  true  construction  is  the  latter.  When  a  town  has 
voted  that  it  be  divided  into  school  districts  its  power 
has  ceased.  It  then  becomes  the  duty  of  the  school 
committee  to  lay  off  the  districts  and  define  their  lim- 
its, the  only  limitation  upon  their  power  being,  that 
"no  new  district  shall  be  formed  with  less  than  forty 

12* 


138  SCHOOL   MANUAL. 


children  between  the  ages  of  four  and  sixteen,  unless 
with  the  approbation  of  the  commissioner  of  public 
schools."  It  is  true  that  in  the  present  statute  no  ex- 
press authority  is  given  to  school  committees  to  form 
districts,  but  we  think  it  is  necessarily  implied  by  the 
language  of  this  limitation.  Some  of  the  obvious 
reasons  for  this  construction  of  section  2,  chapter  47, 
are, — 

1.  The  form  of  the  expression  is  the  passive  '-'•may 
be  divided." 

2.  If  the  other  construction  be  adopted,  there  is 
no  limitation  upon  the  power  of  towns  in  the  forma- 
tion of  districts  as  to  the .  number  of  children  which 
such  districts  shall  contain. 

3.  The  districts  can  be  laid  off  and  their  limits  de- 
fined much  more  intelligently  by  a  body  like  a  school 
committee  than  by  a  town. 

4.  Our  construction   is  more  consonant  with   the 
policy  of  the  school  laws,  which  vest  the  ultimate  con- 
trol and  direction  of  school  affairs,  subject  to  appeal 
to  the  commissioner  of  public  schools,  in  the  school 
committees. 

A  review  of  the  legislation  upon  the  subject  of 
forming  school  districts  confirms  the  construction 
which  we  have  adopted. 

The  second  provision  of  the  statutes  to  which  the 
appellants  have  directed  our  attention  as  inconsistent 
with  the  construction  claimed  for  section  3,  chapter 
53,  is  section  5,  chapter  50.  The  purpose  of  this  lat- 
ter section  was  to  enable  adjoining  districts  in  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       139 

same  town,  where  the  compactness  and  number  of  the 
population  would  warrant,  to  unite  for  the  purpose  of 
maintaining  public  schools, — the  advantages  of  which 
are  too  apparent  to  be  dwelt  upon, —  and  as  an  induce- 
ment to  so  unite,  section  6  provides,  that  such  consol- 
idated district  shall  be  entitled  to  receive  the  same 
proportion  of  public  money  as  the  districts  composing 
it  would  receive  if  not  united ;  but  they  are  not  per- 
mitted to  unite,  except  with  the  approbation  of  the 
school  committee,  or,  on  appeal,  of  the  commissioner 
of  public  schools.  We  do  not  think  that  this  power 
of  voluntary  consolidation  conferred  upon  adjoining 
districts  was  intended  to  prevent  the  school  commit- 
tees from  consolidating  two  or  more  districts,  if  in 
their  opinion  the  interests  of  the  schools  or  the  judi- 
cious use  of  the  public  money  required  it,  even  though 
it  should  be  against  the  wishes  of  the  districts.  The 
right  of  appeal  to  the  commissioner  of  public  schools 
would  restrain  and  afford  a  remedy  against  the  arbi- 
trary exercise  of  such  power  by  a  school  committee. 

The  third  ground  of  objection  urged  by  the  appel- 
lants to  the  construction  of  section  3,  chapter  53, 
claimed  by  the  appellees  is  that  under  that  construc- 
tion school  committees  have  power  to  discontinue 
school  districts  without  their  consent.  We  do  not 
deem  this  a  valid  objection. 

By  the  school  laws  of  Massachusetts,  chapter  23, 
section  24,  of  the  Revised  Statutes  as  construed  in 
Richards  v.  Daggett,  4  Mass.  534,  and  Allen  v.  School 
District  3To.  2  in  Westport,  15  Pick.  35,  towns  had 
power,  from  time  to  time,  to  form  new  districts  and 
to  divide  or  alter  the  limits  of  old  ones.  School 
districts  were  also  corporations,  with  powers  similar 


140  SCHOOL    MANUAL. 


to  those  of  our  own.  In  School  District  No.  1  in 
Stoneham  v.  Richardson,  23  Pick.  62,  Morton,  J.,  in 
the  opinion  of  the  court,  says  ;  ' '  But  school  districts 
are  corporations  not  only  very  limited  in  their  powers, 
but  also  of  precarious  existence.  They  may  not  only 
be  varied  and  modified  in  the  extent  of  their  territo- 
rial limits,  but  also  annihilated  by  a  body  over  which 
they  have  no  control."  Again,  on  page  69,  he  says  : 
u  The  power  of  towns  to  form  new  districts  at  their 
discretion  necessarily  implies  the  power  of  abolishing 
the  old  ones.  And  as  these  corporations  are  brought 
into  existence  without  the  volition  of  their  members, 
embracing  every  one  within  their  limits,  nolens  volens, 
so  they  may  be  abolished  without  the  consent  and 
against  the  wish  of  all  the  members." 

We  think  the  school  committee  were  authorized  to 
take  the  action  appealed  from,  and  that  the  appeal 
should  be  dismissed. 

C.  MATTESON,  A.  J.  S.  C. 

1875. 


DECISION   No.  67. 

Nathan  T.  Verry  vs.  School  Committee  of  the  Town  of 
Woonsocket. 

For  general  laws  to  modify  special  laws  affecting  particular  towns,  the  mod- 
ifying intention  of  the  legislature  must  be  clear. 

The  town  council  of  Woonsocket,  June  12,  1878, 
elected  Mr.  Verry  superintendent  of  public  schools. 
Afterwards  the  school  committee  claimed  the  right  to 
elect  the  superintendent,  and  June  24,  1878,  elected  Mr. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       141 

White.  From  this  vote  Mr.  Verry  appealed  to  one  of 
the  justices  of  the  Supreme  Court. 

On  account  of  the  importance  of  the  question  in- 
volved, the  case  was,  by  request  of  the  justice  to 
whom  it  was  presented,  heard  before  the  full  court 
and  argued  by  counsel. 

By  the  act  incorporating  Woonsocket/Pub.  Laws, 
cap.  666,  January  31,  1867,  it  is  provided  that  the 
council  shall  elect  so  many  town  officers  as  by  the  laws 
of  the  State  are  or  shall  be  required,  excepting  only  a 
few  whose  election  had  been  before  provided  for  in 
the  act.  It  seems  to  have  been  the  intention  of  the 
act  to  vest  in  the  council,  with  these  exceptions,  all 
the  powers  of  the  town  in  regard  to  those  matters. 

The  election  of  superintendent  of  schools  has  been 
at  several  times  regulated  by  general  law.  See  Re- 
vised Stat.  R.  I.  cap.  60,  §  5  ;  Pub.  Laws,  cap.  923, 
March  24,  1871.  And  by  Gen.  Stat.  R.  I.  cap.  47, 
§  5,  now  in  force,  any  town  may  elect,  and  if  it  fails, 
the  committee  shall  elect  one.  It  is  compulsory  that 
the  town  shall  have  a  superintendent,  but  the  com- 
mittee are  to  elect  if  the  town  does  not. 

By  Gen.  Stat.  R.  I.  cap.  31,  §  8,  it  was  enacted 
that  ' '  every  town  .  .  .  shall  have  and  exercise 
all  the  powers  and  privileges  .  .  .  conferred 
upon  it  by  its  charter  or  by  the  several  acts  of  the 
General  Assembly  specially  relating  to  it,  until  the 
same  shall  expire  by  their  own  limitation  or  shall  be 
revoked  or  repealed." 

The  present  case  involves  the  question  how  far 
special  laws  affecting  particular  towns  are  to  be 
deemed  to  be  repealed  or  altered  by  general  laws, 
without  express  mention. 


142  SCHOOL    MANUAL. 


Such  cases  are  not  without  their  difficulties ;  but 
while  the  power  of  the  legislature  is  undoubted,  the  in- 
tention should  be  plain.  It  is  obvious  that  if  the  leg- 
islature should  grant  to  a  town  a  right  to  do  some 
particular  thing,  and  should  afterward  enact  by  gen- 
eral law  that  no  town  should  do  it,  there  would  be  no 
doubt  as  to  the  construction.  See  cases  in  Dillon 
Muuicip.  Corp.  §54,  2d  ed.  ;  Sedgwick  8 tat*  &  Con- 
stit.  Law,  2d  ed.  99. 

In  the  present  case,  under  the  special  act,  the 
powers  of  the  town  as  a  corporation  in  this  respect 
were  to  be  exercised,  not  in  town  meeting,  but  in 
town  council,  and  the  general  law  merely  enacts  that 
if  the  town,  which  does  not  necessarily  imply  town 
meeting,  fails  to  elect,  the  school  committee  should 
elect.  On  this  view  there  is  really  no  repugnance  be- 
tween the  general  and  special  acts. 

The  town  here  did  through  its  council  elect,  and  the 
election  by  the  school  committee  was  therefore  illegal, 
and  this  vote  must  be  reversed. 

As  there  is  nothing  in  any  of  the  special  acts  to 
which  our  attention  has  been  called  prescribing  the 
number  or  mode  of  classifying  the  committee,  there 
can,  of  course,  be  no  question  but  that  these  subjects 
must  be  regulated  by  the  General  Statutes  of  the 
State. 

E.  R.  POTTER,  A.  J.  S.  C. 

1879. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        143 


DECISION   No.  68. 
Uses  of  the  Public  Money. 


1.  Public  money  may  be  used  for 
current  expenses  of  the 
schools. 


2.  Public  money  cannot  be  used 
for  repairs  or  fixtures  to  school- 
houses. 


As  to  the  law  concerning  the  uses  which  may  be 
made  of  the  money  raised  by  the  town  for  school  pur- 
poses, there  is  no  section  or  clause  which  specifically 
sets  forth  such  uses.  A  careful  comparison  however, 
of  two  or  three  different  sections  of  the  law  will  at 
once  convince  one  of  the  fact  that  the  law  makes  a 
broad  distinction  between  the  ' '  support  of  schools  ' ' 
and  the  "  providing  of  school-houses,  etc."  See  sec- 
tions 1  and  3  of  Chap.  50  and  sections  3  and  4  Chap. 
51  of  the  Public  Statutes. 

But  lest  there  might  be  some  question,  we  have  had 
at  least  two  decisions  from  the  highest  authority, 
covering  this  point. 

In  1851,  Judge  Potter,  then  commissioner  of  public 
schools,  decided  that  no  portion  of  the  school  money, 
either  State,  or  raised  by  town  tax  for  the  "support  of 
schools,"  could  be  used  for  the  building,  furnishing 
or  repairing  of  school-houses  where  the  district  sys- 
tem prevailed. 

In  1858,  John  Kingsbury,  commissioner,  wrote  as 
follows:  "After  consulting  Chief  Justice  Ames  I 
must  decide  that  the  phrase  '  other  expenses  '  in  Chap. 
64,  Sect.  9,  Revised  School  Laws,  applies  to  expenses 
for  things  similar  to  books,  fuel,  etc.  and  which  do 
not  come  under  the  name  of  fixtures.  I  must  there- 
fore further  decide  that  window  curtains  are  fixtures." 


144  SCHOOL    MANUAL. 


If  reference  is  made  to  the  law  above  quoted 
it  will  be  found  to  refer  to  the  old  rate-bill  and  the 
uses  to  be  made  of  the  proceeds  thereof.  Now  since 
the  increased  appropriation  for  the  support  of  schools 
which  the  towns  were  obliged  to  make  when  the  rate- 
bill  was  abolished,  was  clearly  intended  to  supply  the 
deficiency  created  by  the  absence  of  the  rate  bill,  it  is 
equally  clear  that  the  purpose  for  which  this  increased 
appropriation  was  designed  must  be  identical  with 
those  for  which  the  former  fund  was  raised. 

In  a  word  it  has  always  been  held,  whenever  the 
question  has  been  raised,  that  in  any  town  where  the 
property  was  owned  by  the  districts,  that  no  part  of 
the  appropriation  for  the  support  of  schools  could  be 
used  in  payment  for  such  district  property  or  any  part 
thereof. 

T.  B.  STOCKWELL,  C.  P.  S. 

1880. 


DECISION   No.    69. 
/School  District  No.  5,  Sontli  Kingstown. 

1.    The    motive    or    reason    which  |    3.    The  location  of  a  school-house 
prompts  a  gift  of  land  or  money  adjacent  to  one's  territory  not 


to  a  district  not  a  subject  of  in- 
quiry or  appeal. 

2.    A  gift  of  land  or  money  to  a  dis- 
trict not  contrary  to  law. 


a  grievance  within  the  view  of 
the  law. 


Iii  the  appeal  case  of  C.  W.  Wilcox  from  the  ac- 
tion of  the  school  committee  of  South  Kingstown 
whereby  they  fixed  a  new  location  for  a  school-house  in 
district  No.  3  of  said  town,  the  following  is  a  state- 
ment of  the  main  facts.  After  several  meetings  of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       145 

the  district  for  the  purpose  of  considering  the  ques- 
tion of  repairing  the  old  house  and  building  a  new 
one.  at  a  meeting  held  September  5th,  an  offer  was  re- 
ceived from  "\V.  H.  Potter  to  give  the  district  $500,  if 
they  would  use  it  to  buy  a  lot,  called  the  Hazard  lot, 
about  fifty  rods  farther  north  on  the  same  road  as  the 
old  site.  His  offer  was  accepted  and  the  district  by  a 
vote  of  25  to  10  decided  to  take  that  lot  and  build  a 
new  house.  The  action  of  the  district  was  reported 
to  the  school  committee,  who  met,  examined  all  the 
sites  proposed,  heard  all  parties  interested,  and  finally 
voted  unanimously  to  locate  the  new  house  on  the 
Hazard  lot. 

The  appellant  resists  the  location  of  the  school-house 
on  the  new  lot  because  it  abuts  directly  upon  his  prem- 
ises and  he  regards  the  school-house  so  near  him 
as  an  injury,  and  its  location  there  will  entail  ex- 
pense upon  him.  He  also  claims,  in  common  with 
some  others,  that  sufficient  .reasons  do  not  exist  for  a 
change  of  site,  and  that,  even  if  they  did  exist,  the 
proposed  site  is  not  a  suitable  one. 

During  the  hearing  the  appellant  offered  evidence 
as  to  the  character  of  the  motive  or  purpose  which 
prompted  Mr.  "W.  H.  Potter  to  make  his  offer  of  $500 
to  the  district,  but  it  was  ruled  out  by  the  commis- 
sioner on  the  ground  that  the  result  of  the  act,  as 
affecting  the  interests  of  the  district,  and  not  the  mo- 
tive or  cause  for  it,  was  the  subject  of  inquiry. 

Upon  the  question  of  personal  inconvenience  raised 
by  the  appellant,  I  do  not  regard  the  alleged  grievance 
as  coming  within  the  scope  of  the  provisions  of  the 
law,  and  it  must  therefore  be  set  aside. 

As  to  the  claim  that  the  gift  of  Mr.  Potter  was  .of 

13 


140  SCHOOL    MANUAL. 


the  nature  of  a  bribe  and  so  contrary  to  law,  and  the 
subsequent  action  of  the  district,  growing  out  of  it, 
void,  I  do  not  so  understand  either  the  law  or  the  prac- 
tice under  it.  From  the  beginning  of  the  school  sys- 
tem, private  parties  have  continually  donated  lands 
and  money  to  towns  and  districts  for  school  purposes 
and  with  specific  provisions  and  conditions,  and  I  have 
never  known  it  to  be  held  that  such  gifts  were  con- 
trary either  to  the  letter  or  the  spirit  of  the  law. 

Upon  the  claim  that  sufficient  reasons  do  not  exist 
for  a  change  of  site  and  that  the  proposed  site  is  an 
unsuitable  one,  I  am  of  the  opinion  that  a  change  is 
needed,  and  that  the  Hazard  lot  is,  under  the  circum- 
stances, a  fit  and  suitable  lot  and  one  that  will  tend  to 
promote  the  best  interests  of  the  district.  I  do  there- 
fore approve  of  the  action -of  the  school  committee, 
and  confirm  their  vote  whereby  they  located  the  pro- 
posed new  school-house  on  the  so-called  Hazard  lot ; 
and  the  appeal  is  dismissed. 

T.  B.  STOCKWELL,  C.  P.  S. 

1881. 

Approved.  C.  MATTESON,  A.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        147 


DECISION   No.  70. 

Case  of  Appeal  of  John  Nevins  vs.  School  Commit- 
tee of  Cranston. 

1.    A  change  from  one  edition  of  a,  state  the  kindii  is  proposed  to 

text-book  to  another  edition  of  change. 


the  same  book,  not  a  "  change  " 
of  text-books. 

The  notice  of  the  proposed 
"  change  "  required  by  law  does 
not  include  a  specification  of 
the  particular  book  to  be  in- 
troduced. It  is  enough  to 


Notice  must  be  given  at  a  regu- 
lar meeting  of  the  committee, 
but  action  may  be  taken  on  the 
question  at  any  subsequent 
meeting,  provided  proper  time 
has  elapsed  since  the  notice. 


The  facts  appear  to  be  as  follows  :  In  1880  the 
agent  of  Warren's  geographies  visited  the  several 
members  of  the  school  committee  of  Cranston  with 
reference  to  the  introduction  into  the  schools,  of  their 
revised,  or  N.  E.,  edition,  as  it  is  called.  After  inter- 
views with  all  of  the  committee,  the  chairman  of  the 
committee  ordered  of  the  publishers,  Messrs.  Cowper- 
thwait  &  Co.,  a  lot  of  the  N.  E.  edition,  which  were 
sent  to  him  with  authority  to  put  them  into  the  schools 
at  what  are  called  exchange  or  introduction  rates.  No 
minute  however  appears  on  the  records  of  the  commit- 
tee of  any  action  by  them  relative  to  this  matter. 

After  the  receipt  of  these  books,  the  chairman  noti- 
fied part  of  the  schools,  and  possibly  all,  that  the  pupils 
could  change  their  geographies  in  accordance  with 
the  terms  as  given  to  him.  But  in  no  case  were  the 
pupils  compelled  to  make  this  change  ;  it  was  left 
optional  with  them  and  the  teacher. 

At  the  regular  meeting  of  the  school  committee, 
January  9,  1882,  the  following  written  notice  of  a 
proposed  change  in  geographies  was  given  by  Mr.  J. 


148  SCHOOL    MANUAL. 


A.  Latham,  one  of  the  committee  :  "Notice  is  here- 
by given  the  school  committee  that  the  matter  of 
changing  the  text-books  upon  geography  be  consid- 
ered at  some  future  meeting."  Upon  the  records  of 
a  special  meeting,  held  February  4,  1882,  the  following 
minute  appears  :  ' ;  The  notice  in  relation  to  Harper 
&  Bros',  geography  was  brought  forward  and  action 
thereon  deferred  till  next  meeting." 

At  the  adjournment  of  this  meeting,  February  llth, 
the  following  action  on  this  subject  was  taken. 

Voted,  "That  it  is  advisable  to  adopt  Harper  & 
Bros',  geographies  for  the  use  of  the  public  schools  of 
this  town." 

It  is  from  this  vote  of  the  school  committee  that 
the  appeal  is  taken,  and  the  appellant  claims  its  ille- 
gality and  asks  for  its  reversal  and  overthrow  for  the 
following  reasons : 

First.  Because  the  introduction  of  Warren's  N.  E. 
edition  in  1880  was  a  change  in  text-books  within 
the  meaning  of  the  law,  and  therefore  no  further 
change  can  be  made  until  the  expiration  of  three 
years  from  the  date  of  that  change. 

Second.  That,  the  notice  under  which  the  vote  com- 
" plained  of  was  passed,  was  given  at  the  previous  meet- 
ing which  was  not  a  regular  meeting. 

Third.  That  the  notice,  which  it  is  claimed  was 
given  at  the  regular  meeting,  January  9th,  was  not 
sufficiently  definite,  either  as  to  time  or  nature  of  the 
proposed  change,  to  conform  to  the  requirements  of 
the  law. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        149 

Fourth.  That  the  vote  adopting  Harper's  geogra- 
phies was  passed  at  a  special  meeting,  whereas  it  is 
the  intent  of  the  law  that  such  action  shall  be  taken 
at  a  regular  meeting. 

To  these  points  the  respondents  aver : 

First.'  That  no  change  in  the  eye  of  the  law  was 
made  by  the  committee  in  1880  ;  but  a  simple  arrange- 
ment was  made  for  giving  to  the  schools  the  advant- 
age of  a  newer  book  of  the  same  kind. 

Second.  That  the  written  notice  submitted  by  Mr. 
Latham  at  the  January  meeting,  as  appears  from  the 
records,  was  the  notice  under  which  the  committee 
acted. 

Third.  That  said  notice  was  as  definite  as  the  law 
requires. 

Fourth.  That  the  statutes  do  not  require  action 
upon  the  adoption  of  text-books  to  be  taken  at  a  reg- 
ular meeting,  and  hence  the  matter  is  subject  to  the 
control  of  the  committee. 

I  am  of  the  opinion  :  First.  That  no  change  in 
text-books  was  made  by  the  committee  in  1880.  It  is 
certain  that  no  legal  change  was  made,  as  no  record 
exists  of  any  such  action,  nor  is  there  any  claim  that 
the  committee  ever  took  action  as  a  body  on  that  ques- 
tion. But  it  is  claimed  that  there  was  a  de  facto  change, 
and  that  the  law  was  framed  to  protect  the  people  from 
actual  changes.  Without  deciding  how  far  there  may 
be  a  de  facto  change,  which  is  not  a  de  jure  change. 
I  am  quite  clear  in  this  case,  there  was  no  such  man- 
datory and  general  change  as  would  justify  any  one  in 

13* 


150  SCHOOL    MANUAL. 


claiming  that  a  change  in  text-books  had  been  made. 
Again  it  is  claimed  by  the  respondents,  and  I  think 
justly,  that  the  substitution  of  one  edition  of  the  same 
book  for  another  edition,  even  if  the  second  is  fuller 
and  in  many  respects  better  than  the  first,  is  not  a 
change  as  contemplated  by  the  law.  In  such  cases 
the  two  books  are  not  different  books,  but  different 
forms  of  the  same  book.  The  only  case  where  such  a 
claim  could  be  maintained,  would  be  where  the  book 
had  been  re-written  and  made  so  entirely  unlike  the 
old  one  that  the  two  could  not  be  used  together. 

Second.  I  am  of  the  opinion  that  the  notice  given 
January  9th  was  a  legal  notice.  The  law  requires  that 
a  "notice  of  the  proposed  change"  shall  be  given  in 
writing  at  "a  previous  regular  meeting."  The  notice 
in  question  was  given  in  writing  by  a  member  of  the 
committee  and  constitutes  a  part  of  the  record  of  the 
meeting  of  January  9th,  which  was  a  regular  meeting 
of  the  committee,  so  that  there  can  be  no  question 
either  as  to  the  fact  of  its  having  been  in  writing,  or 
as  to  the  time  when  it  was  given. 

As  to  the  character  of  the  notice  I  do  not  think 
that  the  words  4 '  proposed  change ' '  cover  more  than 
the  specification  of  the  kind  of  text-book  which  it  is 
designed  to  change.  The  law  was  obviously  passed 
in  the  interests  of  the  people,  to  give  the  man  oppor- 
tunity to  protect  themselves  from  the  burdens  induced 
by  frequent  changes  ;  and  the  main  purpose  of  this 
notice  was  undoubtedly  to  give  the  people  warning  so 
that  they  might  bring  to  bear  upon  the  committee,  if 
they  saw  fit,  such  influences  as  would  lead  them  to  re- 
consider their  purpose.  If  such  is  the  fact,  it  is  evi- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        151 

dent  that  to  the  great  majority  of  the  people,  it  would 
make  but  little  difference  what  new  book  was  adopted. 
Moreover  the  people  are  not  in  the  position  to  know 
of  the  merits  or  demerits  of  different  books. 

It  is  also  claimed  that  the  notice  lacks  definiteuess 
because  it  refers  to  some  future  meeting.  But  the  law 
says  that  the  notice  must  be  given  at  a  previous  regu- 
lar meeting,  which  certainly  allows  some  latitude.  It 
could  not  have  been  intended  that  it  must  have  been 
given  at  the  preceding  regular  meeting,  for  in  that 
case  the  law  would  have  used  that  word,  so  that  I  see 
no  deficiency  in  this  particular. 

Third.  I  am  of  the  opinion  that  the  meeting  of 
February  llth  was  clothed  with  the  power  to  consider 
the  question  of  making  a  change  of  text-books  in 
geography,  because  the  fact  that  the  law  does  not 
specify  that  the  changes  shall  be  made  at  a  regular 
meeting,  while  it  does  so  specify  with  regard  to  the 
"notice,"  is  conclusive  evidence  that  it  was  not  in- 
tended to  apply  the  same  restriction  in  both  cases. 
Moreover  one  can  readily  see  why  there  is  more  rea- 
son for  requiring  the  notice  to  be  given  at  a  regular 
meeting,  than  that  the  action  thereon  should  be  taken 
at  such  a  meeting.  The  times  of  the  regular  meetings 
of  the  committee  are  generally  known  and  the  meet- 
ings more  or  less  well  attended,  or  may  be,  so  that  the 
people  are  thus  placed  in  position  to  know  what  is 
proposed,  and  to  attend  to  their  interests. 

If  at  such  a  meeting  any  change  is  proposed  which 
seems  to  be  objectionable,  opportunity  is  at  once 
afforded  for  such  action  as  may  be  deemed  best,  un- 
less the  special  meeting  were  called  at  a  very  early 
day,  in  which  case  an  appeal  would  lie  on  the  ground 


SCHOOL    MANUAL. 


that  the  action  of  the  committee  was  a  practical  nulli- 
fication of  the  law.  In  this  case  nearly  five  weeks 
elapsed  between  the  notice  and  the  action  and  more- 
over the  subject  was  considered  at  a  meeting  held  a 
week  previous,  when  quite  a  number  of  citizens  were 
present,  so  that  it  cannot  be  said  that  the  matter  was 
not  known. 

In  view,  therefore,  of  the  above,  I  do  hereby  con- 
firm and  establish  the  vote  of  the  school  committee  of 
Cranston,  passed  on  the  llth  day  of  February,  where- 
by they  adopted  Harper  &  Bros',  geographies  for  use 
in  the  public  schools  of  said  town. 

T.  B.  STOCKWELL,  C.  P.  S. 

1882. 

Approved.  C.  MATTESON,  A.  J.  S.  C. 

See  Decision  No.  5  Page  75. 
See  Decision  No.  13  Page  81. 
See  Decision  No.  23  Page  90. 
See  Decision  No.  47  Page  116. 
See  Decision  No.  71  Page  153. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        153 


TEACHERS. 


DECISION   No.  71. 

Case  of  Layton  E.  Seamans  vs.  School  Committee  of 
Coventry. 


1.  Committee  have  a  legal  right  to 

refuse  to  examine  a  teacher  as 
to  literary  qualifications  if  they 
are  dissatisfied  with  his  moral 
character. 

2.  A  teacher  having  a  county  certifi- 


cate countersigned  may  be  dis- 
missed by  school  committee  for 
cause. 

A  teacher ,having  been  dismissed, 
cannot  draw  teachers'  money. 


Lay  ton  E.  Seamans  applied  to  the  school  committee 
of  Coventry  for  examination  as  a  teacher  of  a  public 
school.  The  committee,  however,  as  they  had  a  legal 
right,  and  as  they  thought  upon  their  oaths  they  were 
bound  to  do,  refused  to  examine  him  as  to  his  literary 
qualifications,  on  the  ground  that  they  considered  his 
moral  qualifications  insufficient  for  the  requirements 
of  the  law.  Mr.  Seamaus  then  succeeded  in  obtain- 
ing a  county  certificate  from  John  H.  Willard,  Esq.,  a 
county  inspector  in  Providence  county,  and  also  ob- 
tained the  counter  signature  of  the  commissioner  of 
public  schools ;  both  of  these  gentlemen  supposing 
that  no  objections  had  ever  been  made  to  Seamans' 
moral  character.  With  this  certificate  thus  counter- 
signed, Mr.  Seamans  entered  the  school  in  district  No. 
5,  Coventry,  as  a  teacher.  He  gave  no  notice  of  be- 


154  SCHOOL    MANUAL. 


ginning  to  the  school  committee,  neither  did  he  in  any 
way  conform,  or  show  a  disposition  to  conform,  to  the 
roles  of  the  said  committee  for  the  government  or  in- 
struction of  the  schools  of  their  town. 

On  the  2Gth  of  January,  1855,  the  committee  for- 
mally dismissed  him  from  his  school,  on  account,  as 
they  alleged,  of  his  having  fraudulently  procured  the 
above-named  county  certificate,  and  non-compliance 
with  their  regulations. 

Mr.  Seamans,  however,  continued  his  school  to  the 
close  of  his  term,  when  the  school  committee  granted 
him  an  order  for  the  money  to  pay  his  wages  for  the 
time  previous  to  January  26th,  1855,  and  refused  to 
grant  an  order  for  the  time  subsequent.  It  was  from 
this  refusal  that  the  appeal  was  taken. 

The  commissioner  is  of  opinion  that  the  vote  of  the 
school  committee,  by  which  Mr.  Seamaus  was  dis- 
missed, was  a  legal  and  proper  vote,  and  in  accord- 
ance with  the  56th  section  of  the  act  relating  to  public 
schools,  which  gives  to  a  school  committee  the  power 
to  dismiss  a  teacher,  by  whomsoever  examined,  for 
just  cause.  The  cause  which  they  alleged  appears  to 
be  a  just  and  sufficient  one.  They  had  after  this  dis- 
missal no  right,  according  to  the  21st  section  of  the 
act  above  referred  to,  to  grant  any  order  to  Mr.  Sea- 
mans  for  services  performed  as  a  school  teacher  in  any 
of  the  schools  of  the  town,  subsequent  to  the  time 
when  he  was  informed  of  the  act  of  the  school  com- 
mittee by  which  he  was  dismissed.  The  vote  of  the 
school  committee  is  therefore  affirmed. 

R.  ALLYN,  C.  P.  S. 

1855. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        155 


DECISION   No.    72. 

Case  of  Emor  /Smith  vs.  School  Committee  of  Smith- 
field. 

1.  The  act  of    one  member    of    a      3.    Possession  of  a  certificate  enti- 

committee,  not  the  act  of  the  |  tlea  teacher  to  a  trial  before 

committee.  .  annulling. 

2.  Notice  to  a  teacher  that  he  is  on  I    4.    Failure  to  properly  instruct  and 

trial,    is  sufficient  to    proceed  govern,  good  cause  for  annul- 

with  annulment,  after  the  trial.  |  ling. 

Iii  this  case  a  certificate  was  legally  issued  to  the 
appellant  and  subsequently  the  clerk  of  the  committee 
visited  his  school  and  not  being  satisfied  therewith  im- 
mediately sent  a  note  to  the  trustee  that  he  had  an- 
nulled the  certificate,  but  sent  no  notice  to  the  teacher. 
Another  teacher,  however,  was  hired  by  the  trustee. 
Smith  appealed  to  the  commissioner  of  public  schools, 
and  a  partial  hearing  took  place  on  the  27th  of  Janu- 
ary ;  and  on  the  31st,  the  committee  failing  to  appear, 
the  act  of  Holmes  was  decided  to  be  void,  since  in 
fact  no  annulment  had  been  made,  nothing  but  a  notice 
having  been  sent  to  the  trustee  that  such  annulment 
was  made. 

The  school  committee  of  Smithtield,  however,  met 
on  the  29th  of  January,  and  by  a  unanimous  vote  pro- 
ceeded to  annul  the  certificate  of  said  Smith,  given 
him  by  Harvey  Holmes  and  dated  December  16,  1854, 
"for  deficiency  and  want  of  qualification."  It  is 
from  this  vote  that  the  appeal  is  taken,  and  in  refer- 
ence to  this  that  the  following  decisions  are  made. 

The  first  point  made  by  the  appellant  was  that  the 
decision  reversing  the  act  of  Holmes,  made  on  the  31st 
of  January,  was  necessarily  conclusive  in  this,  and 


15G  SCHOOL    MANUAL. 


reversed  it  also.  That,  however,  was  clearly  an  illegal 
act  done  by  a  single  member  of  the  committee,  to 
whom  no  such  power  to  annul  was  ever  delegated, — in 
fact,  there  is  no  evidence  to  show  that  Holmes  ever 
wrote  an  annulment.  He  undoubtedly  supposed  that 
he  had  annulled  the  certificate  of  Smith,  but  the  con- 
trary is  clear ;  and  therefore  the  committee  were  at 
liberty  to  take  original  action  in  the  case.  It  is  their 
act  that  is  to  be  examined  on  its  own  merits.  And 
this  can  only  be  justified  where  it  is  shown  that  the 
circumstances  of  the  case  actually  called  for  this 
course  on  their  part. 

A  second  point  made  for  the  appellant  was,  that  he 
had  no  notice  of  the  intention  of  the  committee  to 
annul  his  certificate,  and  therefore  he  had  no  oppor- 
tunity for  trial  and  defence.  It  is  believed  on  this 
point,  that  the  conversation  which  passed  between 
him  and  the  examiner  was  notification  enough  that  he 
was  to  have  four  weeks  for  trial  and  practical  demon- 
stration of  his  ability  to  teach  and  to  govern  in  the 
school-room.  And  this  is  a  better  form  and  mode  of 
trial  than  can  be  had  elsewhere.  It  is  therefore  de- 
cided that  such  a  trial  is  sufficient,  especially  as  the 
teacher  always  has  an  appeal,  where  it  can  be  exam- 
ined whether  the  trial  in  the  school  was  fair  and  suffi- 
cient. 

The  points  made  by  the  committee  were  two : 

1 .  That  Smith  was  not  qualified  in  literary  attain- 
ments for  the  office  of  teacher. 

2.  That  he  failed  to  comply  with  the  regulations 
for  the  schools  of  Smithfield  made  by  the  school  com- 
mittee, and  that  he  failed  to  impart  instruction  and  to 
govern  his  school  in  a  proper  manner. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       157 

On  the  first  of  these  points,  the  commissioner  does 
not  feel  bound  to  go  back  of  the  certificate  of  the 
committee.  They,  or  their  clerk,  gave  him  a  certifi- 
cate in  proper  form,  under  their  oath,  after  due  exam- 
ination and  consideration  of  the  circumstances.  It 
must  therefore  be  held  that  he  was  qualified,  at  least, 
to  make  trial  of  his  skill  in  the  school-room. 

The  case  then  must  turn  wholly  on  the  questions, 
whether  or  not.  Smith  did  comply  with  the  regulations 
of  the  school  committee,  and  whether  he  did  really 
properly  instruct  and  govern  his  school.  The  testi- 
mony on  this  point  was  large  in  amount  and  conflict- 
ing in  character. 

•From  the  facts  in  the  case,  as  they  appear  to  the 
commissioner  of  public  schools,  it  seems  to  him  that 
the  school  committee  of  Smithfield  only  discharged 
the  duty  imposed  upon  them  by  the  law  and  by  their 
oath  of  office,  and  their  act  of  annulling  the  certifi- 
cate of  the  said  Smith  ought  to  be  sustained. 

R.  ALLYN,  C.  P.  S. 

1855. 

Approved.  W.  R.  STAPLES,  C.  J.  S.  C. 


DECISION   No.  73. 

A   teacher  cannot  be  required  to  make  fires  in  a 
school-room. 

R.  ALLYN,  C.  P.  S. 

1855. 

See  Decision  No.  46  Page  112. 
See  Decision  No.  47  Page  116. 
See  Decision  No.  52  Page  123. 
See  Decision  No.  56  Page  125. 
See  Decision  No.  57  Page  126. 
See  Decision  No.  58  Page  128. 
14 


158  SCHOOL    MANUAL. 


LEGA-L  PROCEEDINGS. 


DECISION   No.  74. 

• 

School  commissioner  has  power  to  define  the  bounds 
of  a  district,  when  appealed  to  from  vote  of  com- 
mittee. 

H.  BARNARD,  C.  P.  S. 

1848. 

Approved.  E.  R.  POTTER,  C.  P.  S. 

1852. 

Approved.  J.  B.  CHAPIN,  C.  P.  S. 

1864. 


DECISION   No.  75. 
School  District  No.  7,  Burrillville. 

I  am  of  opinion  that  the  decision  of  the  committee, 
though  not  involving  the  merits  of  the  question,  is 
such  as  may  be  appealed  from,  and  that  on  such  ap- 
peal the  whole  merits  of  the  case  may  be  examined 
and  decided. 

E.  R.  POTTER,  C.  P.  S. 

1850. 

Approved.  L.  HAILE,  A.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        159 


DECISION   No.  76. 

Upon  the   refusal   of   the  committee,  the  commis- 
sioner may  fix  the  district  boundary. 

E.  R.  POTTER,  C.  P.  S. 
1851. 


DECISION   No.  77. 
School  District  No.  3,  North  Providence. 

Where  express  power  is  not  conferred  on  commissioner,  he  can,  on  appeal, 
simply  remand  the  matter  with  his  decision,  and  if  the  official  interested 
will  not  acquiesce,  the  remedy  is  a  mandamus  from  the  Supreme 
Court. 

The  difficulty  which  the  court  experiences  in  this 
case  results  from  the  21st  section  of  "the  act  to 
revise  and  amend  the  law  regulating  public  schools," 
which  defines  the  duties  of  the  town  committee.  This 
section  provides  that  the  town  committee  shall  draw 
orders  upon  the  treasurer  for  the  payment  of  money 
due,  in  conformity  with  the  law:  Provided,  "that 
the  committee  shall  not  be  obliged  to  give  any  order 
until  they  are  satisfied  the  services  have  actually  been 
performed  for  which  the  money  is  to  be  paid."  They 
are  to  decide  when  money  is  due,  and,  having  so  de- 
cided, to  draw  an  order  for  its  payment.  And  the  23d 
section  of  the  same  act  prescribes  that ' '  the  town  treas- 
urer shall  receive  the  money  due  from  the  State  treas- 
ury, and  shall  keep  a  separate  account  of  all  money 
appropriated  by  the  State,  or  town,  or  otherwise,  for 
public  schools,  and  shall  pay  the  same  to  the  order  of 
the  school  committee."  These  two  sections  are  exceed- 


160  SCHOOL   MANUAL. 


ingly  significant.  The  first  prescribes  who  shall  draw 
the  orders,  and  the  other  what  orders  the  town  treas- 
urer shall  be  bound  to  pay.  The  65th  section  of  the 
school  act  gives  an  appeal  from  the  decision  of  the 
school  committee  to  the  commissioner,  whose  decision 
is  to  be  final.  But  the  commissioner,  by  this  section, 
has  only  authority  to  affirm  or  reverse  the  decisions  of 
the  town  committee,  but  has  no  authority  to  draw  or- 
ders ;  and  any  orders  drawn  by  him  are  not  obligatory 
upon  the  town  treasurer.  We  think  the  proper  course 
for  him  is  to  adjudicate  upon  the  appeal,  and  certify 
his  decision  to  the  town  committee,  requesting  them 
to  draw  the  order  required,  and,  if  they  refuse,  a 
mandamus  may  be  granted  to  compel  them  to  draw 
the  order. 

R.  W.  GREENE,  C.  J.  S.  C. 
1852. 


DECISION   No.    78. 
School  District  No.  5,  North  Providence. 

I  am  of  opinion  that  the  commissioner  has  a  right 
to  allow  a  rehearing  for  good  cause,  in  his  discretion ; 
but  it  is  not  in  the  power  of  the  commissioner  to  dis- 
pense with  the  teacher's  having  a  legal  certificate. 

E.  R.  POTTER,  C.  P.  S. 

1852. 

Approved.  R.  W.  GREENE,  C.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       161 


DECISION   No.    79. 

Transfer  of  land  does  not  make  another  appraisal 
of  a  lot  necessary,  and  the  failure  from  sickness  to 
make  an  appeal  invalidates  the  claim  to  make,  another, 
without  special  legislation. 

J.  KINGS  BURY,  C.  P.  S. 

1856. 

Approved.  E.  R.  POTTER,  A.  J.  S.  C. 


DECISION   No.    80. 
Petition  of  Emor  Smith  for  R?liea-rimj. 


1.  Rehearing  not  possible  after  ap- 

proval  by  a  judge  of  the   Su- 
preme Court. 

2.  ( 'ommissiouer  to  make  up  a  state- 

ment of    facts    from  the    evi- 


dence, but  not  to  submit  the 
evidence  as  such  to  the  judge. 
Jurisdiction     of     the    commis- 
sioner. 


Ill  the  matter  of  the  decision  of  the  commissioner 
of  public  schools  in  case  of  the  appeal  of  Emor 
Smith  from  a  vote  of  the  school  committee  of  Smith- 
field,  annulling  the  certificate  of  said  Smith  as  a  teacher 
in  said  town. 

This  is  a  motion  or  petition  for  a  reconsideration,  by 
the  commissioner  and  the  judge,  of  the  above  decision, 
on  the  ground  that  the  decision  of  the  commissioner  re- 
ported to  the  Hon.  William  R.  Staples,  late  Chief  Jus- 
tice of  the  Supreme  Court,  on  the  24th  day  of  August, 
1855,  and  approved  on  the  26th  day  of  September, 
1855,  is  not  valid  and  binding,  because  the  commis- 
sioner did  not  report  a  statement  of.  the  facts  as  they 

14* 


162  SCHOOL    MANUAL. 


were  sworn  to  or  admitted,  but  instead  thereof  re- 
ported as  facts  his  own  conclusions  upon  the  testimony  ; 
it  appearing  from  the  petition  of  said  Smith  that  ' '  he 
insists  that  there  can  be  no  final  or  binding  decision, 
until  a  statement  of  the  evidence  shall  be  made  to  the 
judge,"  £pr  reasons  by  him  in  his  petition  set  forth. 

The  65th  section  of  the  "  act  to  revise  and  amend 
the  laws  regulating  public  schools,"  provides  "that 
the  commissioner  may  (and  if  requested  on  the  hear- 
ing of  either  party  shall)  lay  a  statement  of  the  facts 
of  the  case  before  some  one  of  the  judges  of  the 
Supreme  Court,  whose  approval  of  such  decision 
shall  be  final."  If  then,  in  the  matter  of  this  deci- 
sion, upon  such  request,  a  statement  of  the  facts  of 
this  case,  in  the  sense  of  the  statute,  has  been  laid  be- 
fore one  of  the  judges  of  the  Supreme  Court,  and  the 
decision  of  the  commissioner  has  been  by  him  approved, 
this  "approval"  is,  by  the  very  words  of  the  statute, 
made  final,  irrespective  of  the  merits  of  the  decision 
approved.  The  "appeal"  in  other  words,  in  the 
civil  law  sense  of  the  term,  and  as  it  is  used  in  our  stat- 
utes,— that  is,  a  rehearing  of  the  whole  cause,  matter 
of  fact  as  well  as  law,  after  it  has  been  decided  by  a 
competent  tribunal, — is  expressly  given,  by  the  first 
words  of  the  section  of  the  school  act  above  referred 
to,  to  the  commissioner ;  and  the  section  provides 
that  his  decision  upon  such  appeal  shall  be  final,  if 
the  commissioner,  upon  the  request  of  either  party, 
shall  "lay  a  statement  of  the  facts  of  the  case"  be- 
fore one  of  the  judges  of  the  Supreme  Court,  and  he 
shall  approve  the  decision.  The  purpose  of  this  last 
provision  was,  undoubtedly,  to  give  to  the  commis- 
sioner and  the  parties  the  aid  of  such  a  judicial  officer 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       163 

in  matters  of  law,  and  to  secure,  as  far  as  conven- 
iently practicable,  by  an  uniform  construction  of  the 
act,  an  uniform  system  of  legislation  upon  so  impor- 
tant and  interesting  a  subject  as  the  discipline  and 
government  of  our  public  schools. 

The  document  entitled  ' l  Decision  of  commissioner  of 
public  schools  in  case  of  appeal  of  E.  Smith  from  a  vote 
of  the  school  committee  of  Smithfield  annulling  the  cer- 
tificate of  Smith  as  teacher  in  said  town,"  signed  by 
Robert  Allyn,  commissioner  of  public  schools,  is,  in 
my  judgment,  "a  statement  of  facts"  by  the  commis- 
sioner in  the  sense  of  the  65th  section  of  the  school 
act,  although  it  is  not,  as  it  is  averred  by  the  peti- 
tioner that  it  is  not,  a  statement  of  the  testimony  or 
evidence  by  means  of  which  the  commissioner  ascer- 
tained the  facts  which  he  states  in  it.  "A  statement 
of  facts ' '  from  testimony  or  evidence  must  from  its 
very  nature,  be  the  conclusions  of  the  officer  entitled 
to  make  it,  from  the  testimony  or  evidence  which  he 
has  heard ;  and  the  distinction  between  such  a  state- 
ment, and  a  statement  of  the  evidence  or  testimony 
upon  which  it  is  based,  is  too  well  settled  in  legal 
practice  and  parlance  to  require  illustration.  Whether 
the  conclusions  drawn  from  the  evidence  or  testimony 
by  the  commissioner  were  legitimate  or  not,  is  a  matter 
which  the  law  does  not,  in  my  judgment,  confide  to 
the  judge,  but  solely  to  the  commissioner,  who  alone 
hears  the  appeal,  listens  to  the  witnesses,  examines 
the  evidence,  and  arrives  at  the  conclusion  of  what 
are  "  the  facts  of  the  case."  No  power,  no  means, 
are,  in  my  judgment,  given  to  the  judge  to  examine 
into  these  facts.  It  is  the  duty  of  the  commissioner, 
under  the  law,  to  decide  what  the  facts  are,  and  to  lay 


164  SCHOOL    MANUAL. 


a  statement  of  them  before  the  judge,  with  his  deci- 
sion upon  them,  and  the  sole  office  and  jurisdiction  of 
the  judge  is,  upon  such  statement,  to  approve  or  dis- 
approve the  decision  of  the  commissioner.  This  is 
not  only  plain  from  the  words  of  the  act,  but  is  to  be  in- 
ferred from  the  nature  of  the  facts  to  be  ascertained, — 
the  good  or  ill  discipline  of  schools,  the  fitness  or  un- 
fitness  of  teachers  to  instruct  or  discipline  scholars, 
and  the  like  facts,  peculiarly  fitted  to  be  ascertained 
from  evidence  by  the  commissioner,  but  which  the 
judge  would  ordinarily  have  no  such  peculiar  qualifica- 
tions to  ascertain. 

The  jurisdiction  of  the  school  commissioner  under 
the  public  school  act,  by  way  of  appeal  from  the  decis- 
ions or  doings  of  school  committees,  district  meetings, 
trustees  and  county  inspectors,  is, .looking  to  the  sub- 
ject, nature  and  manner  of  its  exercise,  rather  a  visi- 
tatorial power,  than  that  of  an  ordinary  legal  tribunal, 
and  the  power  of  the  judge  of  the  Supreme  Court  in 
the  matter  of  such  an  appeal  is  limited,  precisely  as 
might  have  been  anticipated  from  the  universal  course 
in  such  cases,  to  the  mere  approval  of  the  decision 
of  the  commissioner  upon  his  statement  of  the  facts. 

It  being  admitted  by  the  petitioner  in  his  said  peti- 
tion that  the  decision  and  statement  of  facts  of  the 
commissioner  in  the  matter  of  this  appeal  was  laid  by 
the  commissioner  before  Chief  Justice  Staples  on  the 
24th  of  August,  1855,  and  that  the  said  decision  was, 
by  said  Chief  Justice  Staples,  then  one  of  the  judges 
of  the  Supreme  Court,  approved, — and  it  appearing 
to  me  that  the  statement  of  facts  submitted  to  said 
judge,  was  such  a  statement  of  facts  as  is  required  by 
the  statutes,  and  that  his  approval  thereupon  of  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       165 

decision  of  the  commissioner  is  final, — I  therefore  ap- 
prove the  decision  of  the  commissioner  that  this  mo- 
tion or  petition  for  reconsideration  must  be  by  him 
dismissed  for  want  of  any  jurisdiction  in  him  alone  or 
in  him  conjointly  with  a  judge  of  the  Supreme  Court, 
to  rehear  or  reconsider  the  decision  so  approved. 

After  such  a  decision  and  approval  made,  neither 
the  commissioner  nor  Judge  Staples,  if  the  latter  were 
still  in  office,  could  rehear  or  reconsider  the  matter  of 
the  same,  no  matter  how  erroneous  such  decision  and 
approval  might  be.  Much  less  can  the  commissioner, 
with  another  judge  of  the  Supreme  Court,  or  subject 
to  approval  of  such  judge,  whether  then  in  office  or 
succeeding  to  the  office  of  Judge  Staples,  reconsider 
and  re  judge  his  approval. 

S.  AMES,  C.  J.  S.  C. 

185G. 


DECISION   No.    81. 
School  District  No.  10,  North  Providence. 

The  school  commissioner  has  no  jurisdiction  in  an  appeal  from  a  vote  of  a 
school  district  to  enforce  a  claim  against  the  collector  of  a  district. 

The  appellant,  tax  collector  of  school  district  No. 
10,  North  Providence,  has  suffered  no  grievance  at 
the  hands  of  the  district,  of  which  he  can  complain 
to  the  school  commissioner.  He  has  collected  money 
which  the  district  demands  of  him,  as  they  have  the 
right.  His  answer  is.  that  he  has  paid  it  to  the  treas- 
urer;  but  as  the  treasurer  denies  this,  and  the  evi- 
dence of  payment  produced  by  the  collector  is  not 
satisfactory,  the  district  very  properly  persist  in  their 


166  SCHOOL    MANUAL. 


demand.  The  appellant's  admission  charges  him  with 
the  money,  and  he  produces  no  sufficient  evidence,  as 
it  would  seem,  in  his  discharge.  A  mere  demand  of 
money  as  due,  though  unfounded,  is  no  ground  of 
legal  complaint,  and  this  demand,  under  the  circum- 
stances was  natural  and  proper. 

Besides  a  money  claim  of  this  sort,  made  by  a  school 
district  against  its  collector  or  treasurer,  seems  to  be 
wholly  without  the  jurisdiction  of  the  commissioner. 
He  can  issue  no  execution  to  enforce  it,  nor  can  he 
enjoin  any  suit  commenced  upon  it.  It  must  neces- 
sarily be  adjusted  by  the  ordinary  tribunals  of  the 
law,  which  are  clothed  with  powers  to  aid  the  right,  in 
the  way  both  of  pursuit  and  defence.  The  school  law, 
by  enabling  school  districts  to  require  bonds  of  their 
clerks,  collectors  and  treasurers,  points  to  the  ordinary 
legal  remedies  against  such  officers  in  case  they  do  not 
faithfully  account  for  moneys  received  by  them,  or 
damages  are  sought  against  them  for  other  breach  of 
official  duty. 

The  school  commissioner  in  my  judgment  was  right 
in  dismissing  this  appeal. 

S.  AMES,  C.  J.  S.  C. 

1861. 


DECISION   No.  82. 
School  District  No.  7,  North  Providence. 

An  award  of  appraisers  is  void,  unless  both  the  owner  of  the  land  and  the 
representative  of  the  district  are  heard  at  one  and  the  same  hearing. 

In  a  suit  against  a  school  district,  on  an  award  of 
appraisers  of  the  value  of  a  lot  taken  for  a  school- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       167 

house  under  Ch.  66,  as  amended  by  Ch.  323,  of  the 
Revised  Statutes,  it  appearing,  that  at  the  meeting  of 
the  district  clerk  and  of  the  plaintiff,  upon  notice,  be- 
fore the  appraisers  for  hearing  upon  the  matter  of  the 
valuation  of  the  lot,  the  plaintiff,  when  going  with  the 
appraisers  upon  the  land,  with  coarse  and  violent  lan- 
guage forbade  the  clerk  to  accompany  them,  who 
thereupon  remained  behind,  and  the  plaintiff  in  the 
absence  of  the  clerk  was  heard  by  the  appraisers ;  it 
ivas  held,  that  the  award  thus  made  by  the  appraisers 
was  void,  and  could  confer  no  right  of  action  in  favor 
of  the  plaintiff  against  the  district. 

It  was  the  right  of  the  defendants  to  be  present  at 
all  times  during  the  hearing,  that  they  might  know 
and  hear  whatever  was  offered  to  the  referees,  either 
by  way  of  evidence  or  argument,  by  the  plaintiff  ;  that 
they  might  know  what  was  necessary  to  be  answered 
by  proof  or  by  argument,  and,  especially,  that  they 
might  see  that  no  improper  communication  was  made, 
or  illegal  evidence  offered,  to  the  referees 

We  are  of  the  opinion  that  the  award  obtained 
should  be  held  void. 

S.  AMES,  C.  J.  S.  C. 
1863. 


DECISION   No.    83. 

School  District  No.  19,  South  Kingstown. 

Appeals  may  be  made  from  decisions  of    committees   in  locating  school- 
houses. 

Objection  is  made  to  the  decision  of  the  commis- 
sioner in  this  case,  that  it  is  not  a  case  where  the  law 


1G8  SCHOOL    MANUAL. 


gives  any  right  of  appeal,  and  that  therefore  the  decis- 
ion of  the  school  committee  was  final  and  conclusive, 
as  was  decided  in  the  case  of  John  H.  Gardner, 
reported  in  4  R.  I.,  602. 

The  grounds  of  the  argument  against  the  right  of 
appeal  in  this  case,  could  not,  of  course,  be  more  ably 
stated  than  they  are  in  the  decision  to  which  the  coun- 
sel refers  us. 

And  they  are,  First.  That  a  grievance  implies  a 
wrong  growing  out  of  some  infraction  of  law ;  a  liti- 
gated question  of  right.  The  present  case  involves 
no  question  of  violated  right  and  therefore  the  ap- 
pellant is  not  a  party  aggrieved.  Second.  That  the 
discretion  is  with  the  school  committee  ;  they  have  the 
power  to  decide  it,  and  no  wrong  is  done  to  any  one, 
and  no  one  has  a  right  to  complain,  or  correct  them. 
Third.  That  a  contrary  construction  would  throw 
every  discretionary  power  into  the  hands  of  the  com- 
missioner and  the  Supreme  Court,  which  latter  might 
be  utterly  unfit  to  exercise  it. 

First.  Is  the  appellant  a  party  aggrieved?  He  is  a 
property  holder  in  the  district.  The  owners  of  that 
property  have  or  may  have  children  entitled  to  the 
privileges  of  the  school.  The  distance  of  the  location 
from  his  dwelling  may  seriously  affect,  not  only  the 
convenience  of  sending  to  school,  but  the  value  of  his 
property  hereafter.  If  the  money  was  a  gift  from 
some  one  to  found  a  school,  he  might  dictate  the  site 
and  the  conditions  of  his  bounty,  and  no  one  could 
legally  complain.  Here  the  whole  money,  as  well 
what  comes  from  the  State  and  town  treasuries  to  pay 
the  teacher,  as  the  money  to  build  the  house,  is  derived 
from  taxation,  of  which  the  appellant,  it  is  presumed, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       169 


pays  his  fair  proportion.  Some  hundreds  of  years 
ago,  perhaps,  a  deprivation  of  school  privileges  might 
not  be  considered  a  grievance  ;  hardly  so  now.  The 
appellant  pays  his  proportion  of  the  whole  expendi- 
ture, and  has  a  very  material  interest  in  the  proper  ap- 
plication of  it. 

Second.  Does  the  fact  that  the  school  committee 
exercise  a  discretion  in  the  choice  of  a  site,  prevent 
an  appeal? 

To  apply  such  a  doctrine  to  the  school  law  would 
almost  nullify  the  provisions  for  appeal. 

There  is  hardly  an  exercise  of  power  by  the  school 
committee  or  trustees  which  does  not  imply  the  exer- 
cise of  discretion.  The  mere  giving  an  order  for  pay- 
ment of  wages  may,  perhaps,  be  an  exception ;  but 
the  examining,  and,  in  some  cases,  employing  teach- 
ers, annulling  of  certificates,  forming  and  changing 
school  districts,  supervision  of  taxes  and  building  of 
houses,  and  the  general  regulation  of  the  schools,  all 
imply  discretion.  So  with  trustees  ;  and  so,  in  many 
cases,  with  the  powers  vested  in  school  districts.  If, 
because  they  have  the  power  to  decide  in  the  first 
place,  and  because  they  exercise  a  discretion  in  doing 
it,  there  can  be  no  appeal,  there  wrould  be  hardly  a 
case  left  for  the  exercise  of  such  a  right. 

And  yet  the  language  of  the  provision  is  very  broad, 
and  it  would  seem  difficult,  without  a  great  deal  of 
verbiage,  to  make  it  more  comprehensive. 

If  there  was  any  doubt  as  to  the  meaning  of  the 
law,  there  is  another  principle  of  decision  which  might 
be  resorted  to  for  aid.  When  a  law  admits  of  differ- 
ent constructions,  it  is  well  settled  that  the  usage  un- 

15 


170  SCHOOL    MANUAL. 


der  it,  and  the  practical  construction  of  it  for  a  series 
of  years,  is  entitled  to  great  weight,  and  sometimes 
may  be  decisive. 

In  the  present  case  the  practice  was  uniform.  The 
first  two  commissioners  under  the  law  were  constantly 
engaged  in  examining  appeals  of  this  very  sort,  some- 
times confirming  and  sometimes  altering,  or  wholly 
revising,  decisions  of  committees  as  to  sites  of  school- 
houses.  The  re-districting,  which  the  law  rendered 
necessary  in  most  of  the  towns,  led  to  frequent  dis- 
sension. And  the  practice  was  continued  under  their 
successors,  and  does  not  seem  to  have  even  been 
questioned  until  1858. 

It  would  no  doubt  make  the  office  of  commissioner 
easier  and  more  pleasant,  to  take  away  this  power. 
The  decision  of  such  cases  leads  frequently  to  enmi- 
ties, or  charges  of  being  subject  to  improper  influence. 

School  committees,  however  honest,  may  be  subject 
to  local  influence  ;  and  the  very  knowledge  that  their 
determination  was  likely  to  be  reviewed  by  a  disinter- 
ested person,  might,  in  many  cases,  prevent  an  im- 
proper decision.  And  a  commissioner  would  seldom 
revise  a  decision  of  a  committee,  unless  he  was  satis- 
fied that  the  public  good  or  justice  to  individuals 
required  it. 

And,  for  the  purpose  of  securing  uniformity  in  the 
administration  of  the  law,  this  provision  is  very  im- 
portant. 

Third.  The  third  objection  is  that  the  allowance 
of  appeals  would  refer  everything  to  the  discretion  of 
the  commissioner  and  judge, — the  latter,  probably,  not 
much  acquainted  with  the  subject,  and  unfitted  for  the 
exercise  of  this  power. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       171 


It  was  deemed  essential  to  the  success  of  a  compar- 
atively new  system  to  prevent  litigation,  if  possible. 
A  quarrel  or  a  lawsuit  in  a  school-district  is  generally 
not  long  confined  to  the  original  parties.  It  spreads 
among  all  the  families ;  it  goes  into  the  selection  of 
teachers,  and  impairs  the  discipline  of  the  schools  ; 
and,  if  the  difficulty  once  takes  the  shape  of  a  lawsuit, 
and  the  parties  have  expended  money  as  well  as  tem- 
per upon  it,  it  is  still  more  difficult  to  settle.  Hence 
the  provision  for  a  cheap  and  speedy  decision,  avoid- 
ing the  delay  and  expense  of  a  lawsuit,  and  as  the 
commissioner  would,  probably,  very  often  not  be  a 
lawyer,  it  was  provided  that  he  might  resort  to  a 
judge  for  an  opinion  upon  points  of  law. 

The  practical  construction  of  the  law  from  the  be- 
ginning has  been  that  the  judge  has  nothing  to  do  with 
deciding  the  facts  in  the  case.  (See  "  School  Law," 
edition  of  1857,  remarks  page  55  ;  and  see,  also,  de- 
cision of  Judge  Ames,  in  case  of  Emor  Smith.  R.  I. 
Reports,  vol.  iv.,  590,  592,  594.)  The  judge  would 
not  reverse  the  decision  of  a  commissioner,  unless 
there  appeared  to  be  a  legal  objection  to  its  validity. 

Being  therefore  of  opinion  that  the  commissioner 
had  jurisdiction  on  appeal,  I  see  no  reason  for  revers- 
ing his  decision  ;  but  as,  until  confirmed,  the  commis- 
sioner might  rehear  if  he  deems  it  expedient,  and 
after  confirmation  the  decision  would  be  final,  and 
could  not  be  reheard  by  him,  and  the  location  could 
not  be  changed  without  beginning  proceedings  again 
before  the  committee,  I  postpone  a  formal  confir- 
mation. 

E.  R.  POTTER,  A.  J.  S.  C. 

1873. 


172  SCHOOL    MANUAL. 


DECISION   No.    84. 

In  towns  where  the  district  system  prevails,  neither  town  nor  town  treasurer 
is  liable  for  teacher's  wages,  at  least  until  an  order  has  been  given  there- 
for by  the  school  committee. 

This  case  was  submitted  to  the  Supreme  Court  for 
Kent  county  on  the  following  agreed  statement  of 
facts : 

"1.  School  District  No.  17,  of  the  town  of  War- 
wick, is  indebted  to  the  plaintiff  in  the  sum  of  $125  ; 
due  to  said  plaintiff  as  a  teacher  of  the  public  school 
in  said  district. 

"2.     On  or  about  the  day  of  ,  A.  D. 

1876,  suit  was  begun  against  the  plaintiff  in  the  Jus- 
tice Court  of  the  town  of  Warwick,  by  one  Oliver  P. 
Matteson,  upon  a  writ  of  attachment,  which  directed, 
among  other  things,  that  the  officer  should  trustee  or 
attach  moneys  in  the  hands  and  possession  of  the 
town  of  Warwick  due  said  plaintiff. 

"3.  That  said  attachment  was  intended  to  reach 
the  moneys  earned  by  said  plaintiff  as  teacher  in  the 
school  district  No.  17,  he  being  employed  by  the  trus- 
tees of  said  district  as  teacher,  in  said  town,  and  that 
a  copy  of  said  writ  was  served  upon  the  town  treas- 
urer of  said  town  for  that  purpose,  there  being  no 
command  in  said  writ  to  serve,  nor  was  any  copy  in 
fact  served,  upon  any  officer  of  said  district  No.  17. 

"4.  That  there  were  no  moneys  due  from  said 
town  of  Warwick  ^o  the  plaintiff,  nor  any  moneys  of 
his  in  the  hands  of  said  town  either  directly  or  indi- 
rectly, except  such  as  were  supposed  to  go  to  said 
plaintiff  for  his  services  as  teacher  of  the  public 
school  in  said  district. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       173 


44 


5.  Said  Matteson  obtained  final  judgment  against 
said  plaintiff  in  the  suit  commenced  in  the  Justice  Court 
as  aforesaid. 


4  ' 


6.  There  was  no  debt  or  demand  of  any  kind 
laid  by  the  plaintiff  against  said  town  other  than  the 
supposed  claim  mentioned  in  section  4  above. 


44 


7.     It  is  hereby  agreed  that  jury  trial  be  waived." 
(East  Greenwich,  March  17,  1877.     Per  Cttriam.) 

The  statute  provides  that  moneys  appropriated  to, 
and  raised  by,  the  several  towns  for  schools  shall  be 
kept  by  their  respective  treasurers,  subject  to  the  order 
of  their  respective  school  committees.  Gen.  Stat.  R. 
I.  cap.  47,  §  6.  A  school  committee  may  give  its 
order  either  in  favor  of  the  trustees  or  treasurer  of  a 
school  district,  or  directly  in  favor  of  a  teacher.  Cap. 
53,  §  17.  Teachers,  where  towns  are  districted,  are 
employed  by  the  trustees  of  the  districts  ;  Cap.  52, 
§  ,  1  ;  and  neither  town  nor  town  treasurer  is  made 
liable  for  their  wages  otherwise  than  upon  the  order 
of  the  school  committee.  We  think,  therefore,  that 
where  a  town  is  districted  neither  town  nor  town 
treasurer  is  liable  to  garnishment  in  respect  of  any 
teachers'  wages,  until  at  least  an  order  has  been  given 
in  favor  of  such  teacher  by  the  school  committee  of 
the  town.  This  does  not  appear  to  have  been  done  in 
the  case  at  bar.  The  judgment,  agreeably  to  the 
agreement,  must  be  for  the  plaintiff  for  the  full  amount 
of  his  claim. 

15* 


174  SCHOOL    MANUAL. 


DECISION   No.  85. 

Where  a  school  committee  decline  to  act,  in  cases 
where  such  action  is  discretionary  with  them,  no  ap- 
peal can  be  taken  to  the  commissioner. 

T.  B.  STOCKWELL,  C.  P.  S. 

1882. 

Approved.  C.  MATTESON,  A.  J.  S.  C. 


REMARKS. 


BOARD    OF    EDUCATION. 

In  addition  to  the  general  supervision  and  control 
of  the  schools  of  the  State,  which  the  statutes  confer 
on  the  Board  of  Education,  the  following  specific  duties 
are  devolved  upon  them  : — The  election  of  the  commis- 
sioner of  public  schools ;  the  care  and  oversight  of 
the  free  public  libraries  and  distribution  of  the  annual 
State  appropriation  therefor ;  the  apportionment  of 
the  appropriation  for  evening  schools,  and  the  super- 
vision of  their  work  ;  the  management  and  control  of 
the  State  School  for  the  Deaf ;  the  decision  of  all 
cases  of  remission  of  fines,  penalties  and  forfeiture 
arising  under  the  school  laws,  and  the  presentation  of 
an  annual  report  to  the  General  Assembly.  The  Board 
of  Education,  together  with  the  commissioner  of  pub- 
lic schools,  constitute  the  Trustees  of  the  State  Normal 
school  and  are  vested  with  the  entire  control  and 
management  of  the  same,  subject,  in  the  matter  of 
expenditures,  to  the  amount  appropriated  for  the  school 
by  the  General  Assembly.  The  regular  meetings  of 
the  Board  occur  quarterly  on  the  first  Thursday  of 
the  months  of  March,  June,  September  and  December. 


176  SCHOOL   MANUAL. 


THE    COMMISSIONER    OF   PUBLIC    SCHOOLS. 

The  commissioner  is  secretary  of  the  Board  of  Edu- 
cation, and  its  executive  officer  in  the  administration 
of  the  school  system  of  the  State.  His  duties  are  to 
advise  with  school  officers,  teachers  and  others,  in  all 
matters  relating  to  education  ;  to  visit  and  inspect  the 
schools  of  the  State  as  often  as  practicable  ;  to  deliver 
addresses  in  the  several  towns  on  subjects  relating  to 
the  progress  of  the  schools ;  to  arrange  and  conduct 
teachers'  institutes  in  various  parts  of  the  State, 
as  the  various  localities  may  demand ;  to  recommend 
and  secure,  as  far  as  is  desirable,  a  local  uniformity  of 
text-books ;  to  assist  in  the  establishment  of,  and 
selection  of  books  for,  school  libraries ;  to  apportion 
the  State  appropriations  for  day  schools  and  school 
apparatus ;  to  collect  and  collate  the  statistics  relating 
to  public  schools,  and  to  present  an  annual  report  to 
the  Board  of  Education  upon  the  state  of  the  schools, 
with  plans  and  suggestions  for  their  improvement. 

The  commissioner  is  also  a  judicial  adviser  on  all 
questions  arising  under  the  administration  of  the 
school  laws,  and  is  required  to  hear  and  decide  all 
cases  presented  by  appeal  or  otherwise,  free  of  ex- 
pense to  the  parties.  In  the  words  of  the  late  Chief 
Justice  Ames,  the  commissioner  is  "in  legal  idea,  the 
visitor  of  the  public  schools  of  the  State — a  domestic 
judge — whose  short  and  noiseless  method  of  settling 
disputes  arising  between  the  different  officers  and 
members  of  this  academic  body  is  intended  to  pre- 
serve that  peace  and  harmony  which  are  so  essential 
to  its  well-being." 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         177 


TOWNS. 

Iii  each  town  the  schools  are  carried  on  under  the 
town  or  the  district  system.  Where  the  former  pre- 
vails, the  schools  are  wholly  in  charge  of  the  school 
committee  of  the  town,  subject  in  all  cases  to  the 
supervision  of  the  commissioner  of  public  schools. 
Under  the  district  system,  the  trustee  has  the  superin- 
tendence of  the  school  property  of  the  district,  and 
contracts  with  teachers,  while  the  school  committee 
exercise  all  other  authority  over  the  schools. 

The  simplicity,  unity  and  economy  of  the  town  sys- 
tem are  in  favor  of  its  universal  adoption,  and  any 
town  may,  by  a  vote  at  the  annual  town  meeting,  so 
far  relinquish  the  district  system,  as  to  place  the  entire 
management  of  the  schools  in  the  hands  of  the  school 
committee  of  the  town,  notice  of  the  proposed  change 
having  been  inserted  in  the  warrant  for  the  town 
meeting ;  but  the  school  property  will  still  remain  in 
the  control  of  the  districts. 

Each  town  is  required  to  maintain  a  system  of 
schools,  and  to  appropriate  for  their  maintenance  a 
sum  at  least  equal  to  that  received  from  the  State, 
under  the  provision  of  chapter  49.  Any  town  which 
shall  fail  or  refuse  to  raise  for  schools  the  above  sum 
forfeits  its  proportion  of  the  State  appropriation,  for 
the  benefit  of  the  school  fund  of  the  State,  but  is  not 
relieved  from  its  obligation  to  maintain  schools. 

Towns  are  authorized  to  establish  and  maintain  free 
public  libraries  and  are  permitted  to  assess  a  tax,  not 
exceeding  twenty-five  cents  on  each  hundred  dollars 
of  ratable  property,  for  the  founding  of  such  libraries, 


178  SCHOOL    MANUAL. 


and  an  annual  tax,  not  exceeding  twenty  cents  on  each 
one  thousand  dollars  of  ratable  property,  for  the  sup- 
port and  increase  thereof. 

N 

TOWN    CLERKS. 

It  is  the  duty  of  the  several  town  clerks,  or  of  some 
person  appointed  by  the  town  council,  to  take  the 
school  census  annually  and  make  return  thereof,  as 
required  by  law,  to  the  school  committee ;  they  are 
also  to  distribute  to  the  persons  designated,  all  such 
school  blanks  and  other  documents  as  may  be  sent  to 
them.  In  those  cases  where  the  town  is  divided  into 
districts  the  town  clerk  is  required  to  keep  a  record  of 
the  district  boundaries  and  of  all  changes  therein  ;  and 
he  should  provide  a  special  book  for  that  purpose. 

TOWN    TREASURERS. 

The  town  treasurer,  as  soon  as  the  town  has  voted 
the  annual  appropriation  for  public  schools,  or  before 
the  first  of  July  in  each  year,  should  make  his  return 
to  the  commissioner  as  required  by  law.  This  return 
must  contain  a  statement  of  the  amount  expended  by 
the  town  for  school  purposes,  and  the  sources  from 
which  it  was  derived ;  and  also  a  statement  of  the 
amount  appropriated  for  public  schools  for  the  next 
year.  Failure  to  make  such  return  will  prevent  the 
payment  of  the  town's  share  of  the  public  money. 

He  is  to  keep  a  separate  account  of  all  school 
moneys,  and  is,  before  the  first  day  of  July  in  each 
year,  to  furnish  the  school  committee  with  a  particular 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        179 

account  of  all  moneys  applicable  to  the  support  of 
public  schools  for  the  current  school  year,  specifying 
the  sources  of  the  same.  He  can  only  pay  out  the 
school  money,  whether  derived  from  the  State,  town, 
or  registry  tax,  upon  orders  signed  by  the  chairman 
or  clerk  of  the  school  committee,  and  if  he  should  pay 
it  out  or  appropriate  it  otherwise,  he  would  be  liable 
to  the  penalty  of  the  law. 

Special  attention  is  now  called  to  the  fact  that  the 
law  requires  that  the  amount  of  money  received  from 
registry  taxes  shall  be  kept  out  of  the  school  fund 
till  the  first  Monday  in  May  of  each  year,  when  the 
whole  amount  received  during  the  year  is  to  be  cred- 
ited to  the  school  account.  It  is  desirable  that  this  pro- 
vision of  the  law,  as  also  a  similar  one  in  reference  to 
the  dog  taxes,  should  be  strictly  obeyed,  as  it  will  aid 
very  much  in  securing  correct  reports  each  year. 

It  is  very  desirable  that  the  town  treasurer's  returns 
to  the  commissioner  should  be  made,  as  the  law  re- 
quires, on  or  before  July  1st,  because  failure  to  do  so 
is  very  vexatious,  and  will  delay,  if  not  stop,  the  pay- 
ment of  the  town's  share  of  the  State  money.  It  is 
also  very  necessary  that  the  returns  of  the  treasurer 
shall  cover  the  same  period  of  time  as  that  covered  by 
the  returns  of  the  school  committee.  The  object  of 
the  law  requiring  returns  from  each  source  is  that 
they  may  be  used  to  verify  each  other  and  thus  secure 
freedom  from  mistakes.  But  this  cannot  be  done  if 
they  are  made  out  for  different  periods  of  time. 

SCHOOL    COMMITTEES. 

Great  care  should  be  taken  by  the  several  towns  in 
the  selection  and  election  of  the  best  men  and  women 


180  SCHOOL    MANUAL. 


to  this  office.  No  political  issues  should  hinder  the 
election  of  competent  persons  to  this  most  responsible 
office  of  the  town.  The  interests  of  the  children  are 
too  valuable  to  be  entrusted  to  those  who  know  not 
and  care  not  with  reference  to  their  future  welfare. 

The  law  allows  competent  women,  as  well  as  men, 
to  be  elected  to  this  office,  and  experience  shows  that 
women  have  most  faithfully,  conscientiously  and  suc- 
cessfully fulfilled  its  duties.  Their  time,  interest,  sym- 
pathies, and  benevolent  purposes  eminently  qualify 
them  for  the  duties,  and  a  portion  of  each  school 
board  may  well  be  constituted  of  active  and  efficient 
women.  The  one  condition  imposed  by  law  upon 
membership  is  residence  in  the  town.  The  one  dis- 
qualification is  a  pecuniary  interest  in  any  school 
text-book. 

It  is  believed  that  in  all  cases  it  will  be  better  to 
have  the  town's  committee  a  small  rather  than  a  large 
one.  Their  duties  are  to  examine  teachers,  visit,  and 
have  a  supervision  of  the  schools.  There  is  danger 
that  a  large  committee  will  not  meet  often,  and  that 
they  will  attempt  to  perform  too  many  of  their  duties 
by  small  sub-committees  of  one  or  more.  The  dele- 
gation, by  the  whole  committee  to  each  member,  of  the 
powrer  to  manage  some  particular  district  has  always 
been  a  great  cause  of  the  inefficiency  of  our  system. 
The  whole  committee  should  have  some  knowledge  of 
all  of  the  schools,  and  the  persons  appointed  to  visit 
particular  schools  should  always  make  specific  reports 
to  the  whole  board  at  their  monthly  or  quarterly  ses- 
sions. In  this  way  alone  can  the  annual  report  of 
the  school  committee  be  made  up  properly  and  as  fully 
as  is  necessary.  Special  attention  to  the  duties  of  ex- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         181 


animation  of  schools  alone  can  fit  the  committee  to 
make  such  annual  communication  to  the  people  of  the 
town  on  the  subject  of  their  schools  as  shall  be  of  the 
greatest  service  to  them.  This  annual  report  should 
by  all  means  be  printed  and  circulated  among  all  the 
citizens  of  the  toicn,  as  the  law  provides.  The  mothers 
and  the  sisters  of  the  scholars  should  see  it  as  well 
as  the  fathers  and  voters,  and  the  only  way  in  which 
they  can  all  enjoy  this  privilege  is  to  have  it  printed, 
and  at  least  one  copy  furnished  to  each  family  in  the 
town.  It  is  then  easy  to  make  all  citizens  acquainted 
with  the  workings  of  our  school  system,  and  to  induce 
them,  both  to  make  ample  provisions  for  its  support 
and  to  guard  carefully  the  expenditures  made  for  the 
common  benefit. 

At  the  first  meeting  of  the  committee  after  the  an- 
nual town  meeting,  they  should  organize  by  the  elec- 
tion of  a  chairman  and  clerk,  who  are  removable  by 
the  committee  only  for  cause  and  after  a  hearing.  It 
would  be  well  to  have  the  certificate  of  the  election 
and  engagement  of  the  several  members  of  the  com- 
mittee made  upon  the  record  book  itself,  as  loose 
papers  are  more  liable  to  be  lost. 

The  number  of  the  school  committee  in  each  town 
is  now  fixed  by  statute  law  at  the  number  constituting 
the  committee  on  the  first  day  of  February,  1882,  and 
cannot  be  changed  except  by  special  act  of  the  General 
Assembly.  If  the  town  fails  to  elect  the  requisite 
number  at  the  annual  town  meeting,  the  town  council 
must  elect  them  at  its  next  meeting.  Any  town  may 
vote  to  delegate  to  the  council  the  entire  power  of  ap- 
pointing the  committee. 

Vacancies. — If  any  member  of   the  committee  re- 

16 


182  SCHOOL    MANUAL. 


signs,  removes  or  dies,  the  vacancy  must  be  supplied 
by  the  town  council  until  the  next  town  meeting,  which 
then  fills  the  vacancy  for  the  unexpired  term,  or  refers 
it  to  the  council,  which  proceeds  to  do  the  same. 

Meetings. — They  must  hold  four  meetings  in  each 
year  at  least.  The  times  for  these  regular  meetings 
should  be  fixed  by  a  by-law  of  the  committee,  in  order 
that  people  having  business  to  do  before  the  commit- 
tee may  know  when  to  attend.  But  as  a  general  rule 
the  schools  cannot  prosper  unless  meetings  are  held  as 
often  as  once  a  month.  By  frequent  meetings  and 
conversation  much  valuable  information  may  be  ac- 
quired. And  it  would  be  well  for  committees  to  be 
continually  endeavoring  to  obtain  a  knowledge  of  the 
situation  of  the  different  districts,  the  amount  of  tax- 
able property  in  each  district,  the  number  and  charac- 
ter of  the  different  classes  of  population  respectively, 
etc.,  and  this  sort  of  information  should  be  preserved, 
as  it  is  absolutely  necessary  to  enable  them  and  their 
successors  to  discharge  well  their  duties. 

All  acts  of  the  school  committee,  to  be  valid,  must 
be  done  at  a  meeting  of  the  committee.  Giving  their 
assent  to  any  measure  separately,  and  without  meet- 
ing, would  be  held  illegal. 

The  manner  of  calling  special  meetings  of  the  com- 
mittee should  be  regulated  by  by-law.  If  there  be 
no  by-law,  the  chairman  or  clerk  should  call  them, 
and  should  give  every  member  notice. 

Before  the  first  day  of  July  in  each  year,  the  school 
committee  are  entitled  to  receive  from  the  town  treas- 
urer a  report  of  all  school  moneys  in  his  hands,  or  to 
be  received,  which  will  be  applicable  for  the  support 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        183 

of  public  schools  for  the  current  school  year,  specify- 
ing particularly  the  sources  whence  derived. 

,  Laying  off  Districts. — In  towns  divided  into  districts, 
the  whole  power  of  making  new  districts,  altering  old 
ones,  and  of  settling  disputed  boundaries,  is  vested 
by  law  in  the  school  committee,  subject  to  an  appeal 
to  the  commissioner.  Notice  must  be  given  in  all 
cases  by  posting  on  the  school-houses  and  sending  to 
the  trustees,  of  the  districts  liable  to  be  affected,  no- 
tice of  the  meeting  and  of  the  proposed  changes,  for 
at  least  five  days,  previous  thereto. 

In  laying  off  districts,  regard  should  be  had  to  the 
convenience  of  attending  school,  the  number  of  schol- 
ars, the  valuation  of  property,  and  ability  to  provide 
school- houses,  etc.  It  will  be  always  expedient  to 
bound  them  by  rivers,  roads,  or  other  natural  or  well- 
known  boundaries,  when  practicable.  When  the  lines 
can.  without  inconvenience,  be  so  drawn  as  to  include 
all  of  any  person's  farm  in  the  same  district  where 
his  dwelling-house  is,  it  will  save  a  great  deal  of 
trouble  and  expense  in  assessing  taxes,  but  in  all 
cases  the  lines  should  be  continuous. 

Districts  must  be  set  off  by  bounds  including  certain 
land.  It  is  not  sufficient  to  declare  that  a  district  shall 
be  composed  of  such  and  such  persons.  The  Supreme 
Court  of  Massachusetts  has  declared  such  districts  to 
be  invalid.  [7  Pick.  106,  and  12  Pick.  206.] 

When  a  district  which  has  built  a  school-house  is 
divided,  or  its  bounds  altered  so  as  to  take  off  any  por- 
tion of  it,  the  joint  property  is  to  be  equitably  appor- 
tioned among  the  several  parts.  If  the  district  owes 
any  debts,  they  should  of  course  be  considered  in  the 
apportionment.  In  some  cases  this  can  be  done  by  a 


184  SCHOOL    MANUAL. 


division  of  the  property  itself.  In  other  cases  the 
rent  or  income  may  be  apportioned,  according  to  the 
peculiar  circumstances.  The  school  committee  must 
decide  such  cases,  subject,  of  course,  to  the  appeal 
provided  by  the  law. 

Where  it  is  much  more  convenient  for  a  person  be- 
longing to  one  district  or  town  to  send  to  a  school  in 
another  district  or  town  the  policy  of  both  school  com- 
mittees and  trustees  should  be  to  extend  the  advan- 
tages of  the  schools  as  freely  as  the  circumstances  will 
permit.  The  State  is  now  so  large  a  contributor  to  the 
support  of  the  great  majority  of  the  schools,  that  the 
advantages  thereof  ought  to  be  made  as  available  as 
possible.  The  authority  to  admit  or  send  from  one 
district  to  another  in  the  same  town  is  now  in  the 
school  committee.  If  the  pupils  come  from  outside 
of  the  town,  the  trustees  have  the  authority,  subject 
to  the  approval  of  the  school  committee. 

As  a  rule  district  lines  should  not  be  changed, 
except  "for  good  and  sufficient  reasons.  Frequent 
changes  of  boundary  lines  tend  to  confusion  and  error 
in  the  assessment  of  taxes  and  other  business.  In 
every  town  where  the  district  system  prevails  it 
would  be  well  to  have  a  description  of  the  districts 
printed  for  general  information  and  circulation.  This 
might,  with  propriety,  be  attached  to  the  school  regu- 
lations. The  law  also  provides  that  the  town  clerk  shall 
keep  a  record  of  the  district  boundaries  and  all  changes 
must  be  reported  to  him. 

The  power  of  forming  joint  districts  on  the  borders 
of  the  different  towns  is  also  confided  to  the  school 
committees.  Many  of  the  manufacturing  villages  are 
on  streams  which  are  the  boundaries  of  towns,  and  are 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         185 

partly  in  both  towns.  In  such  situations  the  school 
committees  should  encourage  the  union  of  the  adjoin- 
ing districts,  as  both  together  will  probably  be  able  to 
establish  a  graded  school ;  or  at  least  to  maintain  a 
better  and  a  longer  school  than  either  one  alone. 

In  assigning  to  a  district  or  portion  thereof,  which 
forms  part  of  a  joint  district,  its  proportion  of  that 
part  of  the  money  which  is  divided  according  to  aver- 
age attendance,  the  committee  will  of  course  take  the 
average  attendance  of  that  portion  of  the  scholars 
who  belong  to  their  own  town. 

Location,  Plans,  etc. — The  school  committee  are  to 
locate  all  school-houses,  and  to  approve  of  all  plans 
and  specifications  for  building  or  repairing  them,  and 
all  district  taxes  for  whatever  purpose.  When  the 
district  is  unanimous,  and  the  location  on  the  whole 
unobjectionable,  the  committee  should  defer  to  their 
wishes  ;  but  in  cases  of  dispute,  they  should  endeavor 
to  select  such  a  site  as  will  best  accommodate  the 
greater  portion  of  the  district,  and  at  the  same  time 
fulfill  the  conditions  of  a  good  site.  In  this  connection 
it  should  be  said  that  the  size  of  the  school-house  lot  is 
of  great  importance  and  the  committee  may  not  unlikely 
find  it  necessary  sometimes  to  condemn  a  location  on 
account  of  its  unsuitable  size.  If  a  district  is  unable 
to  secure  by  purchase  a  lot  acceptable  to  the  committee, 
the  committee  are  authorized  to  proceed  and  select  a 
lot  and  appoint  three  disinterested  persons  to  appraise 
its  value,  and  upon  tender  of  said  sum  to  the  owner 
of  the  land  the  title  is  vested  in  the  district.  If  the 
owner  is  aggrieved  he  may  appeal  to  the  next  com- 
mon pleas  court  for  the  county  in  which  the  district  is 
located,  by  giving  bond  to  prosecute  his  appeal  and 

16* 


186  SCHOOL    MANUAL. 


by  producing  an  attested  copy  of  the  whole  proceed- 
ings to  such  court,  and  filing  his  reasons  of  appeal  with 
the  clerk  of  the  court  ten  days  before  the  sitting  there- 
of. Such  appeal  opens  the  whole  case,  both  as  to  the 
necessity  of  taking  the  land,  and  the  valuation  thereof. 

The  provision  that  all  taxes  which  any  district  may 
order  must  be  approved  by  the  school  committee  was 
intended  to  operate  as  a  salutary  check  against  the  im- 
proper exercise  of  the  power  given  to  school  districts. 
In  some  districts  there  may  be  but  few  legal  voters  ; 
in  others,  the  majority  of  voters  may  be  persons  not 
interested  in  the  property  in  the  district ;  and  various 
other  cases  may  happen  where  a  minority  should  be 
protected  against  abuse  of  taxation.  And  for  this 
purpose,  the  law  requires  the  approbation  of  the 
school  committee,  the  majority  of  whom  will  probably 
belong  to  other  parts  of  the  town,  and  have  no  private 
or  personal  interest  in  the  local  controversies  and  dis- 
putes of  the  district. 

For  the  same  and  other  reasons  the  law  requires  the 
plan  of  building  to  be  approved  by  the  committee. 
The  committee  should  therefore  investigate  this  sub- 
ject, and  visit  and  examine  the  best  school-houses, 
and  consult  the  best  authorities  on  heating,  ventila- 
tion, lighting,  etc.,  so  as  to  be  prepared  to  act  when 
called  on.  Moreover,  the"  committees  should  not 
always  wait  till  called  upon,  before  acting  in  reference 
to  the  condition  of  the  school-buildings.  The  respon- 
sibility for  seeing  that  the  buildings  used  for  school 
purposes  are  suitable  rests  with  the  committee,  and 
they  should  not  hesitate  to  act  accordingly. 

Examining  Teachers. — In  towns  acting  under  the 
district  system  the  examination  of  persons  wishing  to 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         187 

teach  either  as  principals  or  assistants,  the  granting 
of  certificates  of  qualification,  and  the  annulling  of 
such  certificates,  are  among  the  most  important  duties 
devolving  on  the  school  committee,  and  on  their  faith- 
ful performance  the  efficiency  of  the  law  largely  de- 
pends. 

The  inefficiency  of  the  school  system  in  most  of  the 
towns  may  be  traced  to  the  fact  that  the  duties  of  ex- 
amining teachers  and  visiting  the  schools  are  too  gen- 
erally neglected  or  ill-performed. 

The  law  gives  the  committee  the  power  to  appoint  a 
sub-committee  for  the  purpose  of  examining  teachers, 
or  they  may  impose  the  duty  upon  the  superintendent. 
But  it  is  respectfully  suggested  that  where  the  whole 
committee  can  meet  for  this  purpose  it  is  most  advis- 
able. It  will  have  a  better  effect  upon  the  teachers 
themselves,  and  incompetent  persons  will  be  less  likely 
to  present  themselves..  It  is  certain  that  the  authority 
to  grant  certificates  should  never  be  vested  by  a  com- 
mittee in  two  bodies  or  persons  at  the  same  time. 
Such  a  division  of  responsibility  is  always  attended 
with  disastrous  results.  Where  the  duty  of  examining 
and  certificating  teachers  is  imposed  upon  the  superin- 
tendent or  a  sub-committee,  the  action  of  such  sub- 
committee or  superintendent  should  be  final.  To 
allow  an  appeal  to  the  committee  is  to  weaken  the 
force  and  value  of  the  authority,  opinions  and  decis- 
ions of  the  examiner. 

In  making  such  examinations,  whether  by  the  whole 
board  or  by  the  sub-committee,  they  should  inquire  : 

First,  as  to  moral  character.  On  this  point  the  com- 
mittee should  be  entirely  satisfied  before  proceeding 
further.  Some  opinion  can  be  formed  from  the  gen- 


188  SCHOOL   MANUAL. 


eral  deportment  and  language  of  the  applicant ;  but 
the  safest  course  will  be,  with  regard  to  those  who 
are  strangers  to  the  committee,  to  insist  on  the  writ- 
ten testimony  of  persons  of  the  highest  respectability 
in  the  towns  and  neighborhoods  where  they  have  re- 
sided ;  and  especially  to  require  the  certificate  of  the 
school  committee  and  parents  where  they  have  taught 
be'fore,  as  to  the  character  they  have  sustained,  and 
the  influence  they  have  exerted  in  the  school  and  in 
society. 

While  a  committee  should  not  endeavor  to  inquire 
into  the  peculiar  religious  or  sectarian  opinions  of  a 
teacher,  and  should  not  entertain  any  preferences  or 
prejudices  founded  on  any  such  grounds,  they  ought, 
without  hesitation  to  reject  every  person  who  is  in  the 
habit  of  ridiculing,  deriding  or  scoffing  at  religion. 

And  while  an  examination  should  in  no  case  be  ex- 
tended to  the  political  opinions  of  the  candidates,  yet 
it  may  with  propriety  extend  u  to  their  manner  in  ex- 
pressing such  belief,  or  maintaining  it.  If  that  manner 
is  in  itself  boisterous  and  disorderly,  intemperate  and 
offensive,  it  may  well  be  supposed  to  indicate  ungov- 
erned  passions,  or  want  of  sound  principles  of  con- 
duct, which  would  render  its  possessor  obnoxious  to 
the  inhabitants  of  the  district,  and  unfit  for  the  sacred 
duties  of  a  teacher  of  youth,  who  should  instruct  by 
example  as  well  as  by  precept." — N.  Y.  Regulations. 

Second,  as  to  literary  attainments.  The  lowest 
grade  of  attainments  demands  a  thorough  knowledge 
of  the  common  branches  of  English  education. 
Every  teacher  should  prove,  either  by  examination,  or 
by  previous  experience,  which  must  have  come  to  the 
personal  knowledge  of  the  committee,  his  ability  to 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         189 

teach  the  English  language,  arithmetic,  penmanship, 
geography  and  history.  In  an  examination  as  to  the 
attainments  of  a  teacher  in  these  branches  it  should 
be  so  conducted  as  to  test  his  capacity,  in  those  par- 
ticulars, to  teach  any  grade  of  schools.  And  in 
granting  certificates  some  reference  may  be  had  to 
the  condition  and  wants  of  the  particular  schools  for 
which  the  candidates  are  presented.  But  no  person 
should  be  considered  qualified  to  teach  any  school, 
who  cannot  speak  and  write  the  English  language,  if 
not  elegantly,  at  least  correctly.  He  should  be  a 
good  reader,  and  be  able  to  make  the  hearer  under- 
stand and  feel  all  that  the  author  intended.  He 
should  be  able  to  give  the  analysis,  as  well  as  explain 
the  meaning  of  the  words  of  the  sentence,  and  explain 
all  dates,  i>ames  and  allusions.  He  should  be  a  good 
speller ;  and  to  test  this,  as  well  as  his  knowledge  of 
punctuation,  the  use  of  capitals,  etc.,  he  should  be 
required  to  write  out  his  answers  to  some  of  the  ques- 
tions of  the  committee.  He  should  understand  prac- 
tically the  first  principles  of  English  grammar,  as 
illustrated  in  his  own  writing  and  conversation.  He 
should  be  able  to  write  a  good  hand,  and  to  teach 
others  how  to  do  so.  He  should  show  his  knowledge 
of  geography  by  applying  his  definitions  of  the  ele- 
mentary principles  to  the  geography  of  his  own  town, 
State  and  country,  and  by  questions  on  the  map  and 
globe.  He  should  be  able  to  answer  promptly  all 
questions  relating  to  the  leading  events  of  the  history 
of  the  United  States,  and  of  his  own  State.  In 
arithmetic,  he  should  be  well  versed  in  some  treatise 
on  mental  arithmetic,  and  have  a  clear  and  definite 
knowledge  of  the  principles  of  written  arithmetic,  and 


190  SCHOOL    MANUAL. 


be  able  to  work  out  before  the  committee,  on  the 
blackboard  or  slate,  such  questions  as  will  test  his 
ability  to  teach  accurately  and  successfully  the  topics 
prescribed  for  the  class  of  schools  in  which  he  will  be 
engaged. 

In  addition  to  the  above  qualifications  every  teacher 
should  possess  at  least  an  elementary  knowledge  of 
physiology  and  the  laws  of  health.  Such  knowledge 
is  indispensable  to  the  proper  regulation  of  the  air, 
temperature  and  light  of  the  school-room  ;  and  also  to 
that  care  of  the  children  which  should  be  given  to 
them  daily  if  they  are  to  do  their  best  work  at  school, 
or  are  to  grow  up  to  lives  of  vigorous  manhood  and 
womanhood.  A  knowledge  also  of  English  literature, 
sufficient  to  enable  the  teacher  to  give  to  the  selections 
of  the  reading-book  more  attractions  and  also  to  guide 
the  pupils  in  their  reading  outside  of  school  hours  is 
very  desirable  and  should  be  insisted  upon  so  far  as 
possible.  And  in  addition  to  the  above,  some  famil- 
iarity with  the  elements  of  natural  history  and  free- 
hand drawing  will  be  found  of  great  advantage  both 
to  teacher  and  school.  Of  course,  for  the  upper 
grammar  and  high  schools,  the  standard  of  qualifica- 
tions of  the  teachers  will  be  set  by  the  course  of 
studies  adopted  by  the  committee. 

Third,  as  to  ability  to  instruct.  This  ability  includes 
aptness  to  teach,  a  power  of  simplifying  difficult  pro- 
cesses, a  skill  in  imparting  knowledge,  and  of  induc- 
ing pupils  to  try,  and  to  try  in  such  a  way  that  they 
will  derive  encouragement  as  they  go  along ;  all  of 
which  must  be  given  by  nature,  but  may  be  cultivated 
by  observation  and  practice.  An  examination  into 
the  literary  qualifications  of  a  candidate  as  ordinarily 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        191 

conducted,  and  even  when  conducted  by  an  experi- 
enced committee,  or  even  by  a  teacher,  will  not  always 
determine  whether  this  ability  is  possessed,  or  pos- 
sessed in  a  very  eminent  degree.  Hence  it  is  desirable 
for  the  committee  to  ascertain  what  success  the  candi- 
date has  had  in  other  places,  if  he  has  taught  before  ; 
and  if  this  evidence  cannot  be  had.  whether  he  has 
received  any  instruction  in  the  art  of  teaching  ;  or  has 
been  educated  under  a  successful  teacher  ;  or  has  vis- 
ited good  schools.  In  conducting  the  examination  to 
ascertain  this  point,  the  candidate  should  be  asked 
how  he  would  teach  the  several  studies.  He  should 
be  asked  how  he  would  proceed  in  teaching  a  child  to 
read,  who  had  never  been  instructed  at  all ;  as  for  ex- 
ample, whether  he  would  give  him  sentences,  words 
or  single  letters  ;  and  then  the  methods  he  would  em- 
ploy, how  far  he  would  combine  writing  with  reading, 
and  what  use  he  would  make  of  the  blackboard.  So 
in  spelling,  he  should  be  asked  how  he  would  classify 
his  scholars  in  this  branch,  and  the  methods  of  arrang- 
ing and  conducting  a  class  exercise  ;  how  far  he  would 
put  out  the  word  to  the  whole  class,  and  after  requir- 
ing all  to  spell  it  r/ncnf(illy.  name  a  particular  scholar 
to  spell  it  orally ;  how  far  he  would  adopt  the  method 
of  writing  the  words,  and  especially  the  difficult  ones. 
on  a  slate  or  blackboard  ;  how  far  he  would  connect 
spelling  with  the  reading  lessons,  etc. 

It  will  be  more  satisfactory  sometimes,  perhaps,  to 
have  a  class  of  small  scholars  present  at  the  examina- 
tion, and  let  the  candidate  go  through  an  exercise  with 
them,  so  that  the  committee  can  have  a  practical  spec- 
imen of  his  tact  in  teaching  each  branch  of  study,  in 
explaining  and  removing  difficulties,  etc. 


192  SCHOOL    MANUAL. 


The  same  method  of  examination  should  be  carried 
into  reading,  and  every  other  branch.  It  is  more  im- 
portant to  know  that  the  teacher  has  sound  views  as 
to  methods,  than  that  he  is  qualified  as  to  literary  at- 
tainments, for  the  most  extensive  knowledge  is  of  little 
value  if  one  does  not  possess  the  ability  to  use  it  suc- 
cessfully. 

Fourth,  ability  to  govern.  This  is  an  important  qual- 
ification, insisted  upon  by  the  law,  and  indispensable 
to  the  success  of  the  schools.  On  this  point  the  com- 
mittee should  call  for  the  evidence  of  former  experience, 
wherever  the  candidate  has  taught  before,  and  when 
this  cannot  be  had,  the  examination  should  elicit  the 
plans  of  the  teacher  as  to  making  children  comforta- 
ble, keeping  them  all  usefully  employed,  and  interested 
in  their  studies,  his  best  system  of  rewards  and  punish- 
ments, and  examples  of  the  kinds  of  punishment  he 
would  resort  to  in  particular  cases,  and  all  other  infor- 
mation pertaining  to  the  good  order  and  government 
of  a  school.  In  this  connection,  the  age,  manners, 
bearing,  knowledge  of  the  world,  love  and  knowledge 
of  children,  etc.,  of  the  applicant,  will  deserve  atten- 
tion. 

In  addition  to  these  qualifications  which  the  law  re- 
quires, the  address  and  personal  manners  and  habits 
of  the  applicant  should  be  inquired  into,  for  these  will 
determine,  in  a  great  measure,  the  manners  and  habits 
of  the  children  whom  he  will  be  called  upon  to  teach. 

The  most  thorough  and  satisfactory  mode  of  con- 
ducting the  literary  examination  is  by  written  questions 
and  answers  ;  if  the  examination  is  conducted  orally, 
it  will  be  desirable  to  keep  minutes  of  the  questions 
and  answers. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        193 

The  school  committee  must  remember  that  on  the 
thoroughness  and  fidelity  with  which  this  duty  is  per- 
formed depends,  in  a  great  measure,  the  success  or 
failure  of  the  school  system.  The  whole  machinery 
moves  to  bring  good  teachers  into  the  schools,  and  to 
keep  them  as  long,  and  under  as  favorable  circum- 
stances, as  possible. 

If  the  teacher  adds  to  his  other  qualifications  a 
knowledge  of  the  art  of  singing,  it  will  be  an  addi- 
tional recommendation  of  him  with  those  who  desire 
to  have  a  good  school.  Singing  in  school  serves  as  a 
recreation  and  an  amusement,  especially  for  the 
smaller  scholars.  It  exercises  and  strengthens  their 
voices  and  lungs,  and,  by  its  influence  on  the  disposi- 
tion and  morals,  enables  a  teacher  to  govern  his  school 
with  comparative  ease. 

The  committee  should  exercise  a  sound  discretion 
in  the  examination,  for  the  sole  responsibility  rests 
upon  them  in  determining  who  shall,  and  who  shall  not, 
teach  in  our  schools.  No  appeal  can  be  taken  to  the 
commissioner  from  the  refusal  of  a  committee  to  grant 
a  certificate. 

If  a  person  has  been  before  examined  by  them,  and 
the  committee  have  often  visited  his  school,  and  know 
him  to  be  a  good  teacher,  the  law  allows  them  to  give 
.him  a  certificate,  founded  on  this  experience.  But 
the  re-examination  can  in  no  case  do  any  injury,  and 
by  gradually  increasing  their  rigor  and  adding  to  the  re- 
quirements, much  may  be  done  towards  raising  the  gen- 
eral standard  of  education.  The  committee  should, 
for  convenience  of  reference,  keep  a  tabular  list  of  the 
names  of  all  persons  examined  by  them,  either  on 
their  common  record  book,  or  in  a  book  kept  for  that 

17 


194  SCHOOL    MANUAL. 


purpose,  with  columns  for  the  date,  age,  place  of  res- 
idence of  the  applicant,  the  result  of  the  examination, 
and  any  other  remarks  that  may  appear  worthy  of  re- 
membrance. 

In  towns  where  the  whole  control  of  the  schools  is 
in  the  hands  of  the  committee,  the  law  does  not  require 
that  certificates  be  issued  to  the  teachers,  but  it  is  es- 
pecially the  duty  of  the  committee  to  see  that  none  but 
well  qualified  .  teachers  are  employed.  In  such  towns 
where  there  is  no  division  of  power  in  the  management 
of  the  schools,  there  ought  to  be  the  best  results. 


Annulling  certijicati'*  «n<l  r//,s////,sx//^/  twidivrx.  As 
a  teacher's  qualifications  depend  not  merely  upon  his 
learning  (of  which  a  committee  can  judge  from  exam- 
ination) ,  but  upon  his  moral  character,  his  disposition 
and  temper,  and  his  capacity  to  impart  information 
and  to  govern  a  school,  in  regard  to  all  of  which  the 
committee  may  be  deceived  or  not  fully  informed  ;  the 
law  gives  the  committee  the  power  to  annul  any  cer- 
tificate they  may  have  given,  if,  on  trial,  the  teacher 
proves  unqualified.  A  teacher  may  also  refuse  to 
adopt  the  proper  books,  may  introduce  improper 
books,  may  refuse  to  adopt  what  the  committee  deem 
the  best  methods  of  instruction  or  discipline,  or  may 
violate  other  regulations  of  the  committee,  in  which 
cases  the  committee  have  full  power  to  dismiss  the 
teacher.  In  case  of  all  annulments  of  certificates  of 
teachers  or  dismission,  the  school  committee,  who  are 
the  only  authority  in  the  matter,  must  give  at  least  five 
days'  notice  in  writing  of  such  intention,  and  a  hear- 
ing, and  afterwards  must  notify  the  trustee  of  their  act. 

Visit  i  it  f  i  schools.     There   is  no  duty  of  the  school 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         195 

committee  more  generally  neglected  than  that  of  visit- 
ing schools. 

The  law  makes  jt  the  e.iy>/v,s.s  duty  of  committees 
and  trustees  to  visit  the  schools  often.  Without  per- 
sonal visits  to  the  schools,  either  by  themselves  or  the 
superintendent,  the  committee  can  know  nothing  about 
the  teacher's  capacity  to  impart  information,  or  about 
his  methods  of  instruction  and  government,  or  the 
progress  of  the  pupils,  neither  can  they  know  the 
state  of  the  register  and  the  general  condition  of  the 
school. 

Visiting  the  schools  also  has  the  effect  of  encourag- 
ing the  teacher  in  the  performance  of  his  duties  ;  and 
if  the  teacher  is  visited  and  treated  with  proper  re- 
spect by  the  committee,  trustees  and  parents,  it  ma- 
terially aids  to  secure  to  him  respectful  treatment  from 
the  scholars,  and  enables  him  to  govern  his  school  and 
preserve  order  with  ease,  and  without  resorting  to 
corporal  punishment. 

But  the  greatest  influence  is  on  the  pupils  them- 
selves. School  is  too  apt  to  be  considered  by  many 
of  them  as  a  place  of  punishment.  But  if  their  par- 
ents and  others  visit  them  often,  and  take  an  interest 
in  their  studies  and  progress,  it  gives  a  new  character 
at  once  to  the  school  and  the  school-room,  and  they 
contemplate  it  with  pleasure  instead  of  dread. 

It  will  also  tend  to  accustom  the  pupils  to  recite  be- 
fore strangers,  and  help  them  to  get  rid  of  that  timidity 
and  reserve  which,  if  not  early  removed,  may  prove  a 
serious  hindrance  to  their  success  in  many  pursuits  in 
after  life. 

While  it  will  be  advisable  to  assign  one  or  more 
schools  to  each  member  of  the  committee  for  the  pur- 


196  SCHOOL    MANUAL. 


pose  of  visiting  and  general  supervision,  it  is  very 
desirable  that  all  the  schools  should  be  visited  at  least 
once  a  term  by  the  same  person  or  persons,  so  that  a 
comparison  can  be  instituted  between  the  different 
teachers  and  schools,  and  the  official  reports  and 
returns  be  made  out  more  tmderstandingly.  The 
trustees  and  parents  of  each  district  should  be  invited 
to  accompany  the  committee  on  their  visits ;  and  it 
will  be  well  to  encourage  the  teachers  to  visit  each 
other's  schools  with  a  few  of  their  most  advanced 
scholars. 

In  visiting  schools,  whether  by  the  whole  board, 
sub-committee,  or  individually,  the  following  are 
among  the  objects  which  deserve  attention  : 

The  condition  of  the  school-house  and  appurte- 
nances ;  its  location ;  size  and  condition  of  yard  and 
out-buildings  ;  construction,  size,  outward  appearance, 
and  state  of  repair  of  building  ;  condition  and  size  of 
entries,  and  whether  furnished  with  scraper,  mat, 
hooks  and  shelves  for  hats  and  outer  garments,  water- 
pail,  cup,  broom,  duster,  etc.  ;  dimensions  of  school- 
room and  its  condition  as  to  light,  whether  too  much 
or  too  little  ;  as  to  the  air,  pure  or  impure  ;  as  to  tem- 
perature, whether  too  high  or  too  low  ;  modes  of  ven- 
tilation, whether  by  lowering  or  raising  upper  or  lower 
sash,  by  opening  into  attic,  by  flue  or  otherwise ; 
whether  heated  by  close  or  open  stove,  fireplace,  fur- 
nace or  steam  ;  construction  and  arrangement  of  seats 
and  desks  ;  whether  all  the  scholars,  and  especially 
the  younger  ones,  are  comfortably  seated,  with  backs 
to  lean  against,  and  with  their  feet  resting  on  the  floor, 
and  all  facing  the  teacher  ;  whether  there  is  a  platform 
where  the  teacher  can  overlook  the  whole  school,  and 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         197 

aisles  to  allow  of  his  passing  to  every  scholar,  to  give 
such  instruction  in  his  seat,  as  may  be  necessary, 
whether  there  is  a  place  to  arrange  the  classes  for 
recitation,  and  accommodations  for  visitors,  etc. 

The  school  register  should  be  called  for  to  see  if  it 
is  properly  kept ;  and  such  particulars,  as  the  num- 
ber and  names  of  the  scholars,  their  age,  parents,  at- 
tendance and  studies,  should  be  gleaned  as  will  enable 
them  to  speak  on  the  importance  of  regular  and  punc- 
tual attendance,  to  expose  the  evils  of  the  contrary 
practice,  and  to  commend  before  the  whole  school 
those  who  are  among  the  most  regular.  An  inspection 
of  the  register  will  oftentimes  inform  the  committee 
what  children  are  not  connected  with  the  school,  and 
a  kind  and  timely  call,  a  word  with  the  parents  or 
guardian,  may  save  such  children  from  ignorance,  and 
the  community  from  its  consequences. 

In  this  connection  a  word  should  be  said  in  refer- 
ence to  the  school  census.  As  soon  as  the  census 
returns  are  delivered  to  the  committee,  they  should  be 
examined  with  a  view  to  find  out  who  are  the  regular 
absentees  from  school  and  where  they  live.  Effort 
should  then  be  made  by  the  committee  to  secure  their 
attendance.  So  far  as  it  is  possible  a  careful  compar- 
ison should  be  made  of  the  school  register  and  these 
census  returns,  so  that  each  may  correct  the  other  and 
thus  the  committee  become  possessed  of  reliable  in- 
formation in  regard  to  the  matter  of  attendance. 

The  committee  should  inquire  into  the  number  of 
classes,  and  the  studies  they  pursue.  Such  exercises 
should  be  called  for  as  will  exhibit  the  proficiency  of  the 
pupils,  and  the  methods  of  instruction  adopted  by  the 
teacher,  and  will  also  enable  the  committee  to  judge  of 

17* 


198  SCHOOL    MANUAL. 


the  tact  of  the  teacher  in  imparting  information.  The 
teacher,  in  justice  to  himself  and  his  pupils,  should  be 
allowed  to  conduct  some  of  the  exercises  himself,  and 
in  his  usual  manner,  as  the  scholars  (if  not  used  to  be- 
ing visited  by  strangers)  will  be  less  timid  when  exam- 
ined by  him,  and  the  committee  will  have  a  better 
opportunity  to  see  his  mode  of  instruction.  But  the 
committee  should  also  ask  questions,  and,  in  some 
cases,  take  the  conduct  of  the  class  into  their  own 
hands. 

When  a  regular  examination  is  to  be  had  in  order 
to  determine  the  proficiency  of  the  pupils,  or  the  ex- 
tent of  their  progress,  it  will  be  well  to  place  in  the 
hands  of  the  more  advanced  scholars  written  or 
printed  questions,  to  be  answered  in  writing,  while 
the  examination  of  other  classes  is  going  forward. 
And  the  same  or  similar  questions  should  be  asked  in 
every  school  visited,  and  the  answers  will  be.  to  some 
extent,  an  unexceptionable  standard  of  comparison 
for  both  the  teachers  and  the  schools. 

The  committee  should  be  careful  to  notice  the  man- 
ner in  which  the  pupils  spell  and  read.  In  reading, 
especially,  there  is  great  carelessness  in  many  of  our 
schools.  They  should  also  observe  the  teacher's  man- 
ners and  mode  of  governing.  If  the  school  is  not 
provided  with  the  proper  blackboards,  maps,  and 
other  necessary  apparatus,  by  proper  remarks  on  their 
uses  and  importance,  they  may  be  the  means  of  induc- 
ing the  district  to  procure  them. 

Such  inquiries  should  be  made  as  will  show  how  far 
the  rules  and  regulations  of  the  school  committee 
as  to  teachers,  books,  the  cleanliness  and  preserva- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         199 

tion  of  the  school-house,  the  manners  of  the  pupils, 
etc.,  are  observed. 

The  two  distinct  purposes  of  visiting, — inspection 
and  examination,—  should  be  kept  constantly  in  mind, 
and  as  far  as  possible  the  two  should  not  be  allowed 
to  be  mingled.  The  best  results  will  be  secured  by 
keeping  them  well  separated,  since  the  methods  and 
means  adapted  to  the  one  are  seldom  fitted  for  the 
other. 

Great  care  should  be  taken  in  all  cases  not  to  wound 
unnecessarily  the  feelings  of  teacher  or  pupils,  and 
commendation  should  be  bestowed  wherever  it  is  de- 
served. It  is  better  to  err  on  the  side  of  praise  rather 
than  on  that  of  censure. 

Selecting  text-books.  The  schools  have  heretofore 
suffered  much  from  the  great  variety  of  text-books 
used,  even  in  the  same  schools.  It  has  rendered  clas- 
sification impossible,  and  whenever  a  scholar  changed 
his  district  or  his  school,  a  new  set  of  books  was  to 
be  purchased,  or  a  new  element  of  confusion  was  in- 
troduced. Uniformity  should  be  established  in  the 
schools  of  a  town  at  least.  In  regard  to  the  selec- 
tion, the  committee  are  entitled  to  the  advice  of  the 
commissioner,  and  the  benefit  of  his  experience  ;  and 
it  is  expected  that  they  in  turn  will  co-operate  with 
him  in  such  measures  as  he  may  recommend,  or  adopt, 
to  secure  a  uniformity  of  books  in  the  State. 

But  no  rule  which  a  committee  may  adopt  as  to  the 
books  to  be  used  should  be  so  framed  or  construed  as 
to  prevent  a  teacher  from  using  explanations  or  illus- 
trations to  be  found  in  other  books  upon  any  particu- 
lar subject,  or  to  interfere  with  the  use  of  all  proper 


200  SCHOOL    MANUAL. 


reference  books  by  both  teacher  and  pupils.  In  arith- 
metic and  algebra  it  will  be  a  profitable  exercise  for 
the  teacher  to  give  the  pupils  for  solution  questions 
and  problems  from  other  books  besides  the  prescribed 
ones. 

No  book  should  be  introduced  into  any  public  school 
by  the  committee,  containing  any  passage  or  matter 
reflecting  in  the  least  degree  upon  any  religious  sect, 
or  which  any  religious  sect  would  be  likely  to  consider 
offensive. 

In  all  cases  where  a  change  in  text-books  is  contem- 
plated, a  written  notice  to  that  effect  must  be  given 
at  a  regular  meeting  of  the  committee,  before  the  ac- 
tion is  taken.  The  vote  may  be  taken  at  any  meeting 
thereafter,  provided  suitable  time  has  intervened. 
Where  a  book  has  been  adopted  for  introduction  on 
or  after  a  certain  date,  the  vote  can  be  rescinded  any 
time  before  that  date,  but  not  otherwise. 

As  to  the  mode  of  supplying  text-books,  it  is  sug- 
gested that  where  it  is  possible,  some  person  be  pro- 
cured to  act  as  agent  for  the  sale  of  text-books,  as  in 
that  way  a  great  saving  in  the  cost  can  be  effected.  It 
is  also  recommended  that  the  question  of  ' '  free  text- 
books," or  their  supply  at  the  expense  of  the  town, 
be  considered  and  discussed,  as  it  is  believed  that  this 
is  a  full  solution  of  this  much  vexed  problem  in  school 
affairs.  It  has  had  a  favorable  trial  already  in  two 
towns  of  this  State,  besides  in  many  other  places. 

Rules  and  Regulations.  The  school  committee 
should  prescribe  a  system  of  rules  and  regulations 
respecting  the  age,  admission,  attendance,  classifica- 
tion, studies,  discipline  and  instruction  of  pupils,  in 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         201 


all  the  schools ;  the  examination  and  duties  of  teach- 
ers ;  the  kind  of  books  to  be  used,  etc.  No  town 
should  be  without  such  rules. 

The  age  for  admission  should  be  uniform  in  all  the 
districts  of  a  town,  as  otherwise  some  districts  may 
have  the  advantage  over  others  in  the  apportionment 
of  the  public  money ;  but  there  is  no  law  to  prevent 
the  admission  of  children  under  five,  nor  to  compel  a 
committee  to  allow  them  to  enter  at  that  age.  The 
whole  matter  is  left  to  the  discretion  of  the  committee. 

In  the  matter  of  classification,  number  and  kind  of 
studies  and  gradation,  the  schools  need  and,  to  accom- 
plish anything,  must  have  the  guidance  and  care  of 
the  committee.  The  law  no  longer  establishes  the 
minimum  range  of  studies,  hence,  unless  the  committee 
acts,  there  is  no  authority  to  decide  what  shall  be,  or 
what  shall  not  be,  taught.  It  is  therefore  a  very  im- 
portant duty  for  each  committee  to  decide  what  studies 
shall  be  introduced  and  to  what  extent  they  shall  be 
taught.  Only  as  this  duty  is  thoroughly  performed 
will  our  schools  be  capable  of  making  any  permanent 
progress.  Even  the  ungraded  schools  are  capable  of 
great  improvement  in  this  direction,  and  a  course  of 
study  will  be  found  appended  to  these  remarks,  which 
may  at  least  serve  as  a  basis  for  such  a  course  as  it 
may  be  deemed  best  to  adopt.  While  the  law  plainly 
gives  to  the  committee  absolute  power  to  determine 
the  studies  to  be  pursued,  still  the  committee  should 
be  ever  ready  to  heed  all  reasonable  requests  of  par- 
ents and  guardians  for  such  deviations  therefrom,  as 
the  best  interests  of  their  children  seem  to  require. 
What  shall  be  adopted  ?  how  far  the  schools  shall  go  ? 
is  wholly  within  the  province  of  the  committee,  who 


202  SCHOOL    MANUAL. 


will  doubtless  seek  to  lie  governed  in  that  matter  by 
the  dominant  sentiment  of  their  constituents.  Practi- 
cally the  law  allows  each  community  to  provide  just 
such  facilities  for  the  education  of  its  children  as  it 
desires. 

In  the  matter  of  discipline  it  is  suggested  that  the 
regulations  of  the  committee  should  provide  clearly 
for  the  exercise  by  the  teacher  of  all  proper  authority 
over  the  pupil,  not  only  during  school  hours,  but  when- 
ever he  is  on  school  premises,  and  while  on  his  way  to 
and  from  school. 

The  attention  of  the  teachers  and  pupils  should  be 
regularly  called  to  the  rules  and  regulations,  and  vio- 
lations thereof  should  not  only  not  be  winked  at,  but 
made  a  matter  of  serious  treatment. 

The  question  of  what  holidays  shall  be  observed  by 
the  schools,  and  of  closing  the  schools  for  the  purpose 
of  allowing  teachers  to  attend  institutes  and  visit 
other  schools,  is  one  that  belongs  to  the  committee 
under  this  general  provision  of  the  law  ;  and  the  com- 
mittee should  attend  to  it.  Of  course  on  all  holidays 
established  by  State  law  the  schools  should  not  be 
kept.  For  all  other  cases  the  rule  must  be  the  voice 
of  the  committee. 

Apportioning  Money.  The  committee,  having  ascer- 
tained what  they  can  depend  upon  from  the  State  treas- 
ury, the  town,  registry  and  other  taxes,  and  having 
reserved  an  amount  sufficient  to  defray  the  expense  of 
printing  their  report  and  other  necessary  contingent 
expenses,  must  apportion  it  on  or  before  the  first  Mon- 
day in  July  in  each  year,  according  to  law,  and  give 
immediate  notice  of  the  amounts  of  said  apportion- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         203 

ment  to  the  several  trustees.  But  they  are  not  author- 
ized to  pay  out  or  give  an  order  to  any  district  which 
has  not  maintained  a  school  for  at  least  six  months 
during  the  year  preceding,  except  in  cases  where  the 
school  was  suspended  by  the  committee  for  want  of 
pupils.  The  law  makes  a  district's  complying  with 
this  provision  for  one  year,  a  prerequisite  to  its  re- 
ceiving any  money  the  next  year. 

AVhere  a  school  is  suspended  for  lack  of  the  requi- 
site number  of  pupils,  it  will  usually  be  found  best 
the  first  year  to  set  apart  for  such  district  a  portion  of 
the  amount  usually  allotted,  out  of  which  can  be  paid 
the  expenses  incurred  in  providing  school  privileges 
for  the  children  of  that  district.  After  the  first  year 
the  matter  will  be  determined  by  the  facts  as  they 
shall  appear.  In  cases  of  these  districts  the  commit- 
tee have  full  power  to  either  send  the  children  to  other 
districts,  which  they  can  do  without  any  payment  of 
tuition,  or  to  send  to  another  town  and  pay  tuition. 
They  are  also  authorized  to  pay  for  their  transporta- 
tion to  and  from  school,  if  their  judgment  so  dictates. 

Attention  is  specially  called  to  the  absolute  require- 
ment of  the  law  that  the  committee  shall  not  allow 
districts  to  carry  forward  unexpended  balances  from 
one  year  to  another. 

The  committee  are  not  to  give  orders  on  the  school 
fund  any  faster  than  they  are  satisfied  that  it  is  act- 
ually expended.  The  times  and  manner  of  payment, 
with  the  above  restrictions,  are  at  the  discretion  of  the 
committee. 

Where  the  town  system  prevails  there  will  be  no 
necessity  for  any  such  apportionment  as  above,  but 
such  allotment  to  the  several  schools,  or  division  of  the 


204  SCHOOL   MANUAL. 


funds,  as  shall  provide  for  all  of  the  schools  equal  ad- 
vantages and  facilities,  especially  in  regard  to  length 
of  term.  A  committee,  however,  has  no  right  to  ex- 
pend more  than  the  amount  appropriated  by  the  town. 

The  committee  will  find  it  greatly  to  their  conven- 
ience to  keep  a  regular  set  of  accounts.  A  separate 
account  should  be  opened  with  each  school  or  school 
district,  in  which  the  district  or  school  should  be  from 
time  to  time  credited  with  the  money  apportioned  to  it, 
and  then  charged  with  the  orders  which  have  been 
given  to  it. 

Another  account  should  be  kept  by  entering  all  the 
sums  of  money  appropriated  to  schools  on  one  side, 
and  all  orders  given,  on  the  other,  which  will  show  at 
any  time  the  balance  under  the  committee's  control. 

Returns.  By  the  Public  Statutes,  chapter  55,  sec- 
tion 5,  trustees  are  to  make  returns  to  the  school  com- 
mittee, at  such  time  and  in  such  form  as  the  committee 
or  commissioner  may  prescribe.  These  returns  must 
be  made  in  season  to  enable  the  committee  to  digest 
them,  and  prepare  their  return  to  the  commissioner 
by  July  1st,  for  which  returns  the  commissioner  will 
furnish  forms.  The  attention  of  committees  is  par- 
ticularly directed  to  this  part  of  the  law,  for  experi- 
ence has  shown  that  the  incompleteness  and  inaccuracy 
of  our  statistics  is  due  primarily  to  the  failure  of  the 
committees  to  secure  proper  returns  from  the  trustees 
and  teachers.  There  is  no  excuse  for  such  neglect, 
and  every  trustee  and  teacher  should  be  firmly  held  to 
a  strict  compliance  with  this  requirement.  The  com- 
mittee are  also,  at  the  annual  town  meeting,  to  make 
a  written  or  printed  report  to  the  town,  of  all  their 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         205 

doings,  the  condition  of  the  schools,  plans  for  their 
improvement,  etc.  Until  the  above  return  and  one  or 
more  copies  of  the  above  report  are  sent  to  the  com- 
missioner, the  town's  share  of  the  State  appropriation 
is  withheld  in  accordance  with  the  provisions  of  the 
law. 

The  committee  are  authorized  to  reserve  enough 
(not  exceeding  $40.)  out  of  the  school  money  to 
print  their  reports,  and  no  action  or  vote  of  the 
town  can  take  away  this  authority  from  the  commit- 
tee. It  is  believed  that  no  part  of  the  school  expend- 
iture will  do  more  good  and  tend  more  to  keep  up  an 
interest  in  the  schools  than  this,  and  it  is  hoped  that 
every  committee  will  always  make  their  report  in 
print. 

The  committee  must  aid  in  organizing  districts,  by 
giving  the  notice  for  the  first  meeting.  And  when 
there  are  no  trustees,  or  when  the  trustees  neglect  to 
call  meetings,  the  committee  must  call  them,  in  the 
same  manner  and  for  the  same  purposes  as  the  trustee 
would  have  called  them.  The  notice  may  be  signed 
by  either  the  chairman  or  clerk  of  the  committee,  the 
same  as  in  the  case  of  other  official  documents  issued 
by  the  committee. 

Any  district  may  vote  to  devolve  upon  the  commit- 
tee, with  their  consent,  the  whole  management  of  their 
schools ;  and  in  that  case,  the  committee  will  exercise 
in  that  district  all  the  powers  which  the  district  itself 
might  exercise  ;  keep  the  school,  have  the  custody  of 
the  school-house,  etc. 

Grado.tion  of  schools.  The  school  committee  can- 
not compel  a  district  to  establish  graded  schools,  but 

18 


206  SCHOOL    MANUAL. 


they  can  promote  a  gradation  of  schools,  or  a  sepa- 
ration of  the  younger  and  the  older  scholars,  or  the 
primary  and  advanced  studies  into  distinct  schools  or 
departments.  By  such  a  separation  of  pupils  and  in- 
struction a  great  saving  of  time  and  expense  is 
secured,  while  great  benefits  are  derived  by  the  chil- 
dren. Such  a  policy  should  be  adopted,  as  a  rule,  in 
preference  to  the  division  of  a  district,  where  the 
children  have  become  too  numerous  for  one  school. 

Where  the  schools  are  so  divided  or  graded,  the 
determination  of  the  grades  and  the  promotion  from 
one  grade  to  another  are  in  the  hands  of  the  com- 
mittee. 

Whenever  the  schools  of  a  town  are  managed  inde- 
pendent of  districts,  a  sufficient  number  of  schools  of 
different  grades  should  be  established  by  the  commit- 
tee, at  convenient  locations,  varying  the  studies  pur- 
sued according  to  the  circumstances  of  the  population. 

The  union  of  two  or  more  adjacent  districts,  where 
there  are  sufficient  pupils  for  the  purpose  of  establish- 
ing a  secondary  or  grammar  school  for  the  older  and 
more  advanced  pupils  of  each  district,  can  be  secured 
to  advantage  in  almost  every  town,  and  this  phase  of 
the  subject  should  receive  the  attention  of  the  com- 
mittees, as  it  is  to  them  that  the  people  naturally  look 
for  suggestions  in  these  matters. 

In  towns  where  there  are  compact  villages  or  com- 
munities evening  schools  should  receive  the  atten- 
tion of  the  committee,  and  efforts  should  be  made  to 
secure  from  the  town  specific  appropriations  for  their 
support.  In  a  manufacturing  centre  they  are  a  neces- 
sary factor  in  any  s}Tstem  of  public  instruction,  and 
the  State  now  makes  an  annual  appropriation  for  their 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         207 

support.  Ill  all  evening  schools  supported  in  part  by 
the  public  money,  the  question  of  the  qualification  of 
the  teachers  is  in  the  hands  of  the  committee. 

Records.  At  the  first  meeting  of  the  year  the  new 
members  of  the  committee  should  have  a  warrant  or 
certificate  of  their  election  from  the  town  clerk,  which 
it  would  be  well  to  have  entered  upon  the  record  book, 
followed  by  the  record  of  the  engagement.  The  first 
business  should  be  to  organize  for  the  year  by  the 
election  of  chairman  and  clerk  and  if  the  town  has 
not  elected  a  superintendent,  to  appoint  one. 

The  clerk  should  make  a  fall  record  of  all  transac- 
tions of  the  committee,  including  the  motions  nega- 
tived, as  well  as  those  adopted,  as  parties  may  be 
interested,  and  have  a  right  to  appeal  in  many  cases, 
from  a  negative  vote  as  well  as  from  an  affirmative 
one.  In  cases  of  notices  of  proposed  changes  in  text- 
books it  would  be  well  in  all  cases  to  copy  them  upon 
the  records. 

All  changes  in  the  boundaries  of  the  districts  must 
be  immediately  reported  to  the  town  clerk  by  the  clerk 
of  the  committee. 

When  it  can  be  conveniently  done,  the  minutes  of 
the  proceedings,  as  drawn  out  by  the  clerk,  should  be 
read  in  open  meeting,  or  at  the  next  meeting,  for  cor- 
rection if  necessary.  Misunderstandings  may  thus 
be  prevented. 

The  clerk  should  always  record  the  names  of  the 
members  of  the  committee  present  at  each  meeting. 
He  should  also  keep  copies  of  all  abstracts,  and  all 
reports  made  to  the  commissioner,  so  that  the  com- 
mittee may  have  them  for  future  reference  and  com- 
parison. 


208  SCHOOL    MANUAL. 


SCHOOL    SUPERINTENDENTS. 

By  the  new  act  a  town  may  elect  at  its  annual  town 
meeting,  or  failing  to  do  so,  its  school  committee  must 
appoint,  a  superintendent  of  schools.  The  town 
council  has  no  voice  in  the  election  of  superintendent, 
except  in  those  cases  where  it  has  been  so  provided  by 
special  act.  Vacancies  in  this  office  are  to  be  filled 
by  the  committee  until  the  next  town  meeting.  The 
superintendent  will  perform  such  duties  and  exercise 
such  powers  as  the  committee  may  assign  him. 

While  great  good  may  be  accomplished  by  the  ap- 
pointment of  some  qualified  person  especially  to 
supervise  the  schools,  it  was  not  intended  that  the 
creation  of  the  office  of  town  superintendent  should 
relieve  the  members  of  the  school  board  from  an  ac- 
tive participation  in  this  work.  The  school  law  ren- 
ders this  duty  obligatory  upon  all  the  members  of  the 
school  committee,  and  for  their  services  they  should 
receive  a  proper  compensation.  A  town  officer  should 
be  personally  familiar  with  all  the  schools  of  the  town  ; 
but  this  he  cannot  be,  if  he  delegates  the  whole  duty 
of  visiting  and  supervision  to  some  other  person.  In 
those  towns  where  the  school  committee  and  superin- 
tendent exercise  this  mutual  oversight,  there  is  a  nat- 
ural and  necessary  concurrence  of  opinion  as  to  the 
merits  or  demerits  of  school  operations,  and  the  most 
thorough  harmony  of  sentiment  with  respect  to  meth- 
ods of  improvement.  Hence,  school  committees  are 
urged  to  an  increase  rather  than  a  diminution,  of  per- 
sonal attention  to  each  school,  even  where  the  town 
enjoys  the  full  labors  of  an  efficient  town  superin- 
tendent. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         209 

The  law  provides  that  the  town  shall  fix  the  salary 
of  the  superintendent,  but  justice  and  propriety  both 
seem  to  demand  that  the  body  which  determines  the 
amount  and  character  of  the  labor  should  also  deter- 
mine the  salary ;  and  if  the  towns  would  refer  this 
matter  to  their  committees,  it  is  believed  an  increased 
efficiency  in  the  service  would  be  the  result. 

As  the  present  law  provides  for  the  election  of 
superintendent  by  the  people,  or  his  appointment  by 
the  committee,  it  should  be  said  that  the  legal  status 
of  the  superintendent  depends  somewhat  on  the  na- 
ture of  his  appointment.  If  he  is  elected  by  the 
people  he  is  classed  as  a  civil  officer  and  must  himself 
be  a  qualified  elector,  and  he  derives  his  general 
power  from  the  people,  and  may,  in  cases  where  spe- 
cific duties  are  assigned  him  by  the  committee,  act 
independently  of  them  until  such  assignment  is  with- 
drawn. But  if  he  is  appointed  by  the  committee  he  is 
not  a  civil  officer  as  before,  but  simply  an  agent  of 
the  committee  and  wholly  subject  to  their  direction 
and  control.  He  need  not  be  a  voter  or  even  a 
resident,  and  a  woman  would  be  as  eligible  as  a  man. 
In  this  case  all  of  his  acts  would  be  subject  to  revision 
by  the  committee.  The  latter  plan  is  recommended 
as  productive  of  the  most  harmony  of  administration, 
and  the  most  beneficial  results. 

The  following  suggestions  are  submitted  concerning 
town  superintendents : 

1.  Each  town  should  have  a  good  superintendent 
of  schools,  elected  by  the  school  committee. 

2.  Where  one  town  is  not  able  to  secure  such  an 
officer,  two  contiguous  towns  should  unite  in  electing 

18* 


210  SCHOOL    MANUAL. 


the  same  officer  for- both  towns,  his  salary  to  be  fixed 
by  the  school  committees  of  the  towns,  and  paid  by 
both  towns,  jointly. 

3.  This  officer  should  be  paid  such  a  salary  as  will 
enable  him  to  devote  the  whole,  or  a  large  portion,  of 
his  time  to  the  work. 

4.  He  should  visit  and  inspect  the  schools,  exam- 
ine the  pupils,  make  promotions,  suggest  improvements 
in  instruction  and  government,  hold  teachers'  meetings 
and  public  meetings  in  the  different  sections  of  the 
town,  and  in  every  way  foster  and  encourage  the  work 
of  public  education. 

5.  He  should  examine  the  teachers,  in  connection 
with  the  school  committee  if  possible,  and  should  sign 
and  annul  certificates  only  by  the  approval  of  the  ma- 
jority of  the  school  board. 

6.  He  should  allow  no  text-books  to  be  used  in  the 
schools,  except  such  as  are  approved  by  the  school 
board  of  the  town. 

7.  He  should  see  that  the  rules  and  regulations  of 
the  school  committee  are  honored  and  enforced,  and 
should  make  a  written  report  on  the  condition  of  the 
schools  and  school  property  to  the  school  committee  at 
each  quarterly  meeting  or  oftener, — such  report  to  be 
embodied  in  the  report  of  the  school  committee,  to  be 
printed  and  distributed  annually,  among  the  citizens 
and  families  of  the  town. 

BRIEF    SYNOPSIS    OP    DUTIES    OF    SCHOOL    COMMITTEES. 

1.     The  examination  of  teachers. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.-      211 

2.  The  granting  of  certificates  to  teachers  and  the 
power  to  annul  the  same. 

3.  .  The  location  of  all  school-houses. 

4.  The  visiting  of  the  schools. 

5.  The  adoption  of  all  rules  and  regulations  relat- 
ing to  the  management  of  schools. 

6.  The  suspension  of  pupils  from  schools. 

7.  The  adoption  of  new  text-books  by  a  vote  of 
two-thirds  of  the  whole  school  board. 

8.  The  apportionment  of  the  public  money  to  the 
several  school  districts. 

9.  The  contracting  with  teachers  and  the  manage- 
ment of  all  school  affairs,  when  so  authorized  by  the 
town. 

10.  The  written  approval  of  all  district  taxes,  and 
of  all  plans  for  building  and  repairing  school-houses. 

11.  The  drawing  of  all  orders  on  the  town  treas- 
urer for  school  money. 

12.  The    annual    division    of    unexpended    school 
money  among  the  districts. 

13.  An  annual  report  to  the  town,  to  be  read  in 
open  town  meeting,  or  printed  for  distribution. 

14.  A  statistical  return  to  the  commissioner  of  pub- 
lic schools,  on  or  before  the  first  day  of  July  in  each 
year,  including  a  copy  of  the  above  report. 

15.  The  formation  of  all  new  school  districts,  the 
alteration  or  discontinuing  of  school  districts,  and  the 
approval  of  the  formation  of  associate,  joint  and  con- 
solidated districts. 


212  SCHOOL    MANUAL. 


16.  The  holding  of  at  least  four  meetings  in  each 
year. 

17.  The  appointment  of  a  town  superintendent  of 
schools,  when  that  officer  is  not  elected  at  the  annual 
town  meeting. 

18.  The  calling  of  district  meetings  in  certain  cases. 

DISTRICTS. 

There  are  three  provisions  made  in  the  law  for  unit- 
ing districts.  Any  two  or  more  districts  may  form  a 
partial  union  for  the  purpose  of  supporting  a  higher, 
secondary  or  grammar  school. 

Any  contiguous  districts  in  adjoining  towns  may  be 
united  by  the  school  committees,  and  adjoining  dis- 
tricts in  the  same  town  may  consolidate  themselves 
subject  to  the  approval  of  the  committee.  When 
united  they  constitute  a  single  district,  and  their 
affairs  must  be  managed  in  the  same  way  as  if  orig- 
inally one  district ;  but  they  will  be  entitled  to  the 
same  proportion  of  public  money  they  would  receive 
if  not  united. 

A  district  cannot  vote  to  dissolve  itself.  Such  a 
vote  will  be  wholly  null  and  void.  It  can  be  dissolved 
by  the  school  committee  alone,  who  also  have  the 
sole  power  to  create  new  districts  and  change  the 
boundaries  of  those  already  existing. 

Moderator.  The  moderator  of  a  district  meeting  is 
now  an  annual  officer  and  is  to  be  elected  with  the  other 
officers  at  the  annual  meeting.  He  need  not  be  en- 
gaged. He  will  preside  at  all  district  meetings,  both 
annual  and  special.  If  he  is  absent,  a  moderator  pro 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         213 


tern  should  be  chosen.  It  is  the  business  of  the  mod- 
erator to  preside  over  the  meeting,  guide  its  business, 
and  preserve  order.  While  he  will  usually  be  justified 
in  obeying  common  parliamentary  rules  in  the  exercise 
of  his  duties,  still  the  meeting  is  superior  to  any  rules, 
and  if  an  appeal  from  any  of  his  rulings  is  taken,  it 
must  be  allowed,  and,  if  sustained,  the  will  of  the  meet- 
ing obeyed.  The  moderator  is  entitled  to  vote  only  as 
any  other  voter  may  vote.  He  has  no  casting  vote. 
In  receiving  votes  for  any  officer  or  on  any  question, 
the  moderator  has  no  right  to  reject  any  man's  vote. 
He  is  in  no  sense  the  judge  ;  but  he  can  insist  upon 
knowing  how  he  votes,  and  have  his  name  and  vote 
recorded  by  the  clerk,  so  that,  if  a  question  arises,  it 
can  be  settled  by  the  proper  authorities.  In  any  case 
of  doubtful  legality,  or  of  contested  elections,  a  mod- 
erator would  do  well  to  have  such  a  record  of  the 
voters  and  their  votes  made  as  the  law  provides  for. 
The  moderator  has  power  to  administer  the  oath  of 
office  to  all  the  other  officers,  either  at  the  meeting,  or 
afterwards. 

It  is  the  moderator's  duty  to  maintain  order  in  a 
meeting  and  in  case  persons  present  refuse  to  conduct 
themselves  properly,  he  should  order  them  to  leave  the 
meeting.  Provision  is  made  in  the  law  whereby  town 
constables,  upon  the  tender  of  the  required  fee,  are 
obliged  to  be  present  at  any  school  or  other  lawfully 
assembled  meeting,  and  they  are  authorized  to  arrest 
without  a  warrant,  and  detain  for  six  hours,  any  person 
found  unlawfully  disturbing  such  meeting. 

Clerk.  The  district  clerk  should  be  engaged  by  the 
moderator  and  make  a  record  of  it.  If  not  present 
at  the  time  of  his  election  so  as  to  be  engaged  in  open 


214  SCHOOL    MANUAL. 


meeting,  he  should  be  engaged  before  entering  upon 
the  duties  of  his  office.  A  clerk  pro  tern,  must  be  en- 
gaged before  he  enters  upon  the  duties  the  same  as 
the  regular  clerk.  When  engaged,  the  clerk  may  en- 
gage all  other  district  officers,  and  should  enter  all 
such  cases  in  his  record  book. 

When  a  trustee,  treasurer,  etc.,  is  elected,  the  clerk 
should  make  out  and  sign  and  seal  a  warrant  or  cer- 
tificate of  his  election,  upon  which  he  may  be  engaged. 
[See  forms.] 

The  clerk  should,  at  th$  request  of  any  person  in- 
terested, record  a  motion  which  is  negatived,  as  well 
as  a  motion  passed,  as  in  many  cases  a  person  may  be 
entitled  to  an  appeal.  And  he  should  record  the  num- 
ber and  names  of  the  voters  on  request,  and  in  gen- 
eral he  should  endeavor  to  make  his  minutes  as  full 
as  possible,  so  that  they  may  give  the  whole  history 
of  the  meeting. 

In  the  record  of  every  meeting,  it  would  be  well  for 
the  clerk  to  state  how  the  meeting  was  notified,  and 
when  and  by  whom  the  notices  were  posted  up.  In 
many  cases,  at  some  distance  of  time,  it  might  be  im- 
portant to  know  how  the  meeting  was  notified,  and  the 
evidence  of  it  should  not  be  left  to  depend  upon  mere 
recollection.  The  record  of  the  clerk  is  made  prima 
fade  evidence  that  the  meeting  was  legally  notified, 
and  inhabitants  of  the  district  can  be  admitted  to 
prove  the  notice.  But  it  would  be  easy  and  best  to 
preserve  one  of  the  original  notices  themselves,  espec- 
ially when  a  tax  is  to  be  voted. 

It  would  be  well  also  for  the  clerk,  at  the  close  of 
every  meeting,  to  read  aloud  the  minutes  he  has  made 
of  the  proceedings,  so  that  any  mistake  may  be  cor- 


K KM ARKS  RELATING  TO  PUBLIC  INSTRUCTION.         215 

rected  at  the  time.  Errors  in  the  record  may  be  sub- 
sequently corrected  and  the  true  record  established  by 
proper  evidence. 

The  clerk  is  to  procure  a  bound  record  book  at  the 
expense  of  the  district.  For  any  wilful  neglect  or  re- 
fusal to  perform  any  duty,  he  is  liable  to  indictment, 
and  the  supreme  court  would,  probably,  upon  appli- 
cation, compel  him  by  writ  of  mandamus  to  perform 
such  duty. 

District  Treasurer.  The  treasurer  should  have  a 
certificate  of  his  election  [see  form]  and  be  engaged. 
He  need  not  give  bond  unless  required.  But  if  the 
district  requires  him  to  give  bond  it  should  run  to  the 
district,  and  the  district  should  fix  the  sum  and  ap- 
prove of  the  surety  or  sureties.  [See  form.] 

His  duties  are  very  simple  :  to  keep  the  district's 
money  if  they  have  any.  pay  it  out  to  order,  and 
keep  proper  accounts  of  it,  and  exhibit  them  to  the 
trustees  or  district  when  required.  He  should  always 
make  a  report  at  the  annual  meeting,  and  a  copy  of  it 
should  be  given  to  the  trustees,  in  order  that  he  may 
make  up  his  return  to  the  school  committee.  In  case 
the  district  hires  money  the  treasurer  is  the  one  to 
sign  the  note.  [See  form.] 

District  Collector.  The  collector  should  always  be 
engaged  before  beginning  his  duties.  If  the  district 
requires  the  collector  to  give  bond,  the  district  should 
fix  the  sum,  and,  as  in  case  of  treasurer's  bond,  it 
should  run  to  the  district ;  and  the  district  should 
approve  of  the  surety  or  sureties.  If,  however,  the 
district  votes  to  have  the  town  collector  act,  he  is  to. 
give  bond  to  the  district,  satisfactory  to  the  school 
committee. 


216  SCHOOL    MANUAL. 


If  no  compensation  is  agreed  upon  before  the  col- 
lector is  elected,  he  is  entitled  by  law  to  five  per  cent, 
upon  the  amount  collected.  On  the  other  hand  a  dis- 
trict cannot  vote  to  pay  more  than  five  per  cent. 
[See  the  forms  for  warrants  and  tax  lists.] 

Trustees.  One  or  three  trustees  are  to  be  appointed 
by  a  district  at  its  annual  meeting,  but  the  decision,  as 
to  one  or  three,  must  be  made  before  the  election  of 
any.  If  by  any  accident  an  election  is  not  made  then, 
or  if  a  vacancy  occurs,  the  district  may  elect  after- 
wards. Trustees  hold  their  offices  until  their  succes- 
sors are  qualified,  and  can  only  be  removed  from  their 
office,  before  the  expiration  of  the  term  for  which  they 
were  elected,  for  cause,  and  after  notice  and  trial. 

If  there  are  three  trustees,  a  majority  can  act,  but 
the  action  of  only  one  would  be  void.  "Where  a  body 
or  board  of  officers  is  constituted  by  law  to  perform  a 
trust  for  the  public,  or  to  execute  a  power  or  perform 
a  duty  prescribed  by  law,  it  is  not  necessary  that  all 
should  concur  in  the  act  done.  The  act  of  the  major- 
ity is  the  act  of  'the  body.  And  where  all  have  due 
notice  of  the  time  and  place  of  meeting  in  the  manner 
prescribed  by  law,  if  so  prescribed — or  by  the  rules 
and  regulations  of  the  body  itself,  if  there  be  any, — 
otherwise  if  reasonable  notice  is  given,  and  no  prac- 
tice or  unfair  means  are  used  to  prevent  all  from 
attending  and  participating  in  the  proceeding,  it  is  no 
objection  that  all  the  members  do  not  attend,  if  there 
be  a  quorum."  [21  Pick.  28.]  All  business  must  be 
done  at  a  meeting  of  the  board,  of  which  due  notice 
was  given  to  all  the  members. 

The  trustees  must  employ  the  teacher.  In  employ- 
ing a  teacher  or  assistant  teacher,  trustees  should  be 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         217 

cautious  to  employ  no  one  who  has  not  a  legal  certifi- 
cate, and  not  to  employ  one  after  notice  that  his  cer- 
tificate is  annulled,  as  in  such  a  case  the  trustees 
would  be  held  personally  liable  for  the  teacher's  wages. 
The  trustee  has  no  power  either  to  annul  a  certificate, 
or  dismiss  a  teacher  before  the  expiration  of  the  time 
for  which  he  was  hired.  The  trustees  should  see  that 
the  teacher  keeps  a  proper  record  of  attendance,  as 
is  required  by  the  authorities,  in  order  that  the  district 
may  receive  its  due  portion  of  school  money  next  year  ; 
and  when  the  school  is  over,  the  register  should  be  de- 
posited with  the  committee.  The}7  should  require  the 
teacher  to  furnish  them  with  such  items  of  informa- 
tion as  are  necessary  to  make  out  their  annual  report 
to  the  town  committee,  which  report  should  be  made 
on  the  first  of  May,  or  sooner .  if  the  school  is  out,  or 
at  such  time  as  the  committee  shall  fix.  Forms  for 
these  reports  will  be  furnished  to  the  districts,  and  can 
be  obtained  from  the  committee  or  from  the  superin- 
tendent. 

If  trustees  appropriate  any  of  the  public  money  to 
pay  a  teacher  not  legally  examined,  they  are  liable  to 
a  penalty.  The  uses  for  which  the  public  money  may 
be  employed  are  teachers'  w^ages,  fuel,  janitor's  ser- 
vice and  necessary  books  for  indigent  pupils,  with 
some  other  current  expenses. 

If  any  scholars  from  without  the  town  or  State, 
can  more  conveniently  attend  school  in  any  other 
district  and  desire  to  do  so,  the  trustee  of  the 
district  is  authorized  to  make  the  necessary  ar- 
rangements, subject  to  the  approval  of  the  school 
committee.  They  should  also  take  care  that  the 
school  is  kept  in  a  house  which  will  not  be  disap- 

19 


218  SCHOOL    MANUAL. 


proved  of  by  the  committee  of  the  town.  To  that 
end  the  trustees  are  authorized  to  make  repairs  that 
are  immediately  necessary  for  the  preservation  of  the 
property  and  the  maintenance  of  the  school,  without 
a  vote  of  the  district,  and  the  district  would  be  obliged 
to  pay  for  such  repairs.  While  the  control  and  care 
of  the  school  property  is  in  the  hands  of  the  trustee 
he  has  no  right  to  remove  or  dispose  of  any  of  it,  ex- 
cept by  vote  of  the  district.  As  the  custodian  of  the 
school-house  he  may  allow  its  use  for  purposes  con- 
nected with  education,  even  against  the  wish  of  the 
district,  but  he  cannot  be  compelled  to  allow  its  use 
for  such  a  purpose,  provided  he  does  not  think  it  best. 
Nor  can  he  allow  its  use  for  religious  meetings,  if  a 
single  tax-payer  objects.  If,  however,  the  school- 
house  has  been  given  to  the  district  under  certain  con- 
ditions, the  trustee  will  be  bound  thereby. 

Trustees  should  regard  the  visiting  of  the  schools 
as  one  of  the  most  important  of  their  duties,  which 
should  by  no  means  be  neglected. 

When  a  district  is  organized  and  has  trustees,  they 
are  the  only  district  officers  authorized  to  notify  the 
annual  and  special  district  meetings,  and  they  cannot 
delegate  this  power,  and  if  there  is  no  district  school- 
house,  or  place  appointed  by  the  district,  they  are  to 
fix  the  place  of  meeting.  A  special  meeting  may  be 
called  within  the  time  fixed  for  another  meeting,  if  the 
length  of  time  will  permit,  provided  the  object  thereof 
is  different.  If  the  trustees  on  application  neglect  to 
call  a  meeting,  the  school  committee  may  call  it. 

Trustees,  for  refusal  to  discharge  any  duty,  call  a 
meeting,  assess  a  tax,  etc.,  etc.,  are  liable  to  a  penalty. 
And  the  supreme  court  would  probably,  upon  applica- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        219 


tion,  compel  any  school  officer,  by  writ  of  mandamus, 
to  discharge  any  duty  plainly  imposed  on  him  by  the 
law. 

Trustees  should  encourage  meetings  of  teachers  in 
their  neighborhoods  for  mutual  improvement,  and 
also  insist  upon  their  attendance  upon  all  institutes 
and  other  similar  gatherings,  and  as  far  as  possible  aid 
them  in  going  to  and  from  such  meetings.  If  any  teacher 
neglects  or  refuses  to  attend  a  teachers'  institute,  when 
organized  under  proper  auspices,  and  when  he  can  con- 
veniently, it  should  be  regarded  as  a  sign  of  unfitness 
for  the  place.  No  one  is  so  well  qualified,  as  not  to  be 
able  to  learn  from  his  fellows  many  useful  hints  as  to 
methods  of  teaching,  books,  etc.,  and  no  one  should 
be  unwilling  or  too  proud  to  learn. 

If  the  committee  authorize  schools  to  be  closed, 
the  trustee  has  no  power  to  prevent  it  and  cannot 
compel  a  teacher  to  make  up  such  days  or  legal  holi- 
days, except  by  special  agreement. 

Trustees  have  no  authority  to  make  any  rules  and 
regulations  in  'regard  to  the  school,  such  as,  times  of 
sessions,  recesses,  studies,  etc.  They  can  however 
fix  the  limits  of  the  school  terms,  subject  to  some 
general  rules  of  the  committee.  And  in  this  connec- 
tion they  should  be  very  particular  to  notify  the  com- 
mittee or  superintendent  of  the  beginning  and  ending 
of  every  term,  in  order  that  the  schools  may  be  prop- 
erly visited. 

Trustees  should  see  that  an  inventory  of  all  the 
maps,  books  and  other  property  belonging  to  the  dis- 
trict, is  made  from  time  to  time,  and  preserved  among 
the  papers  of  the  district. 

Every  district  should  possess  a  dictionary,  maps  of 


220  SCHOOL    MANUAL. 


the  State,  the  United  States,  and  of  the  town  (if  there 
is  one) ,  a  globe,  and  such  other  apparatus  and  works  of 
reference  as  the  means  of  the  district,  or  the  public 
spirit  thereof,  will  allow.  With  the  aid  now  given  by 
the  State,  no  district  need  be  without  these  essentials 
to  a  good  school. 

Trustees  should  recollect  that  in  order  to  obtain 
from  the  school  committee  any  order  for  money,  they 
must  have  made  a  proper  return  from  their  district, 
for  the  year  ending  on  the  first  of  May  previous,  and 
must  also  furnish  to  the  committee  a  certificate  that 
the  "teachers'  money,"  (that  is,  the  money  which  the 
district  received  from  the  town  treasurer  as  their  part 
of  the  State  appropriation,)  for  the  year  ending  the 
first  of  May  previous,  has  been  applied  to  the  wages 
of  teachers,  and  to  no  other  purpose  whatever. 

The  return  of  the  district  should  include  the  whole 
time  during  which  any  portion  of  the  public  money 
has  been  used  to  support  the  school,  and  should  include 
all  expenditures  for  the  benefit  of  the  school,  whether 
from  district  funds  or  any  other  source,  and  should 
state  all  the  sources  whence  the  moneys  were  obtained. 

Trustees  are  cautioned  in  reference  to  these  returns, 
that  the  committees  have  been  instructed  to  refuse  to 
draw  their  orders  except  upon  the  receipt  of  the  proper 
return  fully  and  accurately  made  out. 

If  a  trustee  removes  from  the  district  he  ceases  to 
be  trustee  from  the  date  of  his  actual  removal,  and 
therefore  cannot  act  at  all  as  trustee  after  that  date. 

In  assessment  of  taxes,  which  must  be  done  by  the 
trustees,  and  not  by  assessors,  the  trustee  has  no  power 
to  remit,  or  alter  valuation.  He  has  no  discretionary 
power  in  the  matter. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        221 

Where  the  district  maintains  an  evening  school,  the 
trustee  would  sustain  exactly  the  same  relation  to  it,  • 
as  to  the  day  schools. 

Qualifications  for  office.  In  order  to  be  eligible  to 
any  district  office,  a  person  must  possess  the  qualifica- 
tions of  a  voter  ;  and  any  voter  may  be  elected  to  any 
district  office. 

It  is  sufficient  if  the  person  elected  have  the  qualifi- 
cations of  a  voter  at  the  time  of  his  election.  He 
will  not  afterwards  lose  the  office  by  simply  losing  his 
qualification  to  vote. 

Engagement.  Every  officer  must  be  engaged  by 
some  one  duly  authorized  to  administer  oaths  before 
he  enters  upon  the  discharge  of  his  duties.  The  fol- 
lowing officers  may  administer  the  oath  to  school  dis- 
trict officers  :  the  moderator  of  the  district,  district 
clerk,  town  clerk,  president  of  town  council,  trial  jus- 
tice, justices  of  the  peace,  and  public  notaries.  When 
an  officer  is  engaged  at  any  other  time  than  in  the  dis- 
trict meeting,  he  should  always  receive  a  written  cer- 
tificate of  his  engagement.  [See  form.] 

The  same  person  may  hold  more  than  one  office  at 
the  same  time,  where  the  duties  of  the  two  do  not  con- 
flict, or  where  the  law  does  not  make  one  officer  re- 
sponsible to  the  other :  that  is,  one  person  may  be 
both  moderator  and  trustee  or  collector  ;  but  the  two 
offices  of  moderator  and  clerk  cannot  be  filled  by  the 
same  person  at  the  same  time,  neither  the  offices  of 
trustee  and  collector,  nor  those  of  collector  and  treas- 
urer. 

Vacancies  in  office  are  always  created  by  absolute 
removal  from  the  district,  and  an  officer  has  no  au- 

19* 


222  SCHOOL    MANUAL. 


thority  to  act  after  such  removal.  But  great  care 
should  be  taken  before  proceeding  to  fill  any  such 
vacancies,  to  see  that  the  evidence  of  the  removal 
and  consequent  vacancy  is  incontestable  ;  for  there  is 
often  a  temporary  removal  or  absence  which  could 
not  be  regarded  as  a  legal  removal,  and  any  attempt 
to  fill  the  so-called  vacancy  would  lead  to  difficulty. 

Resignations  should  always  be  given  in  writing,  ad- 
dressed either  to  the  clerk  of  the  district,  or  the  trus- 
tee. Oral  resignations  are  so  liable  to  be  the  source 
of  misunderstanding  that  they  should  never  be  used. 
A  resignation  can  be  withdrawn  any  time  before  it 
has  been  accepted,  either  formally,  or  by  filling  the 
vacancy. 

All  district  officers  are  to  be  elected  annually,  but 
all  school  officers,  whether  town  or  district,  will  hold 
over  till  their  successors  are  not  only  elected,  but 
qualified.  A  pecuniary  interest  in  the  introduction  of 
any  school  text-book  disqualifies  any  school  officer 
whatever  from  continuing  in  his  office. 

Voting.  To  enable  a  person  to  vote  in  a  district 
meeting,  he  must  reside  in  the  district  and  possess 
the  qualifications  requisite  to  entitle  him  to  have  his 
name  put  upon  the  voting  list  of  the  town  at  that 
time  ;  but  his  name  need  not  actually  be  upon  the  list. 
To  vote  as  a  tax-payer,  a  man  must  pay,  or  be  able 
to  pay,  a  town  and  State  tax  of  at  least  one  dollar. 

Tax  paying  residents  alone  have  the  right  to  vote 
on  questions  involving  the  expenditure  of  money, 
but  a  non-resident,  though  a  tax-payer,  has  no  vote 
at  all.  Registry  voters  are  qualified  to  vote  for 
one  year  from  the  time  of  the  payment  of  their  reg- 
istry tax. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         223 

If  a  person  residing  in  a  joint  district  moves  from 
one  town  to  the  other,  he  loses  his  vote  in  that  district, 
till  he  has  gained  it  in  the  other  town. 

Certificate  voters,  so-called,  cannot  vote  for  school 
district  officers. 

Meetings.  As  to  notifying  meetings,  see  chapter 
52,  section  5.  A  meeting  called  by  only  one  notice  is 
never  legal,  nor  where  the  notice  is  signed  by  any 
other  persons  than  the  trustees  or  school  committee  ; 
all  business  transacted  at  an  illegal  meeting  is  void. 

The  notice  for  an  annual  meeting  need  not  specify 
any  of  the  items  of  business.  But  every  notice  of  a 
special  meeting  must  state  specifically  what  business 
is  to  be  done,  or  it  will  be  illegal.  All  notices  must 
be  posted  at  least  five  days  before  the  meeting.  [See 
form.]  When  met,  the  meeting  must  organize  by 
choosing  a  moderator  and  clerk.  The  moderator  need 
not  be  engaged.  The  clerk,  whether  regular  or  pro 
tern,  must  be  engaged  before  he  enters  upon  the  dis- 
charge of  his  duties.  He  may  then  engage  all  other 
district  officers,  and  his  record  will  be  evidence  of  his 
own  and  their  engagements.  If  there  is  a  failure  to 
appoint  officers  at  the  annual  meeting  they  may  be  ap- 
pointed afterwards,  and  vacancies  may  be  filled  at  any 
time. 

If  the  moderator  refuses  to  put  questions  to  vote, 
or  if  he  or  any  other  district  officer  violates  the  law, 
he  is  liable  to  pay  a  fine,  or  to  be  brought  before  the 
Supreme  Court  and  compelled  to  act. 

The  annual  district  meeting  is  to  be  in  April,  but 
special  meetings  may  be  called  by  the  trustees  at  any 
time  as  their  judgment  may  decide.  Any  legal  meet- 
ing may  adjourn  to  a  specified  time,  and  continue  at 


224  SCHOOL    MANUAL. 


that  adjournment  the  business  which  was  specified  in 
the  call,  or  which  it  was  proper  to  consider  at  the  first 
meeting. 

Inhabitants  of  districts  may  be  witnesses  in  all 
cases,  and  so  may  prove  (if  disputed)  the  legality  of 
the  notice  and  meeting,  but  the  clerk's  record  that  the 
meeting  has  been  duly  'notified  will  be  prima  facie 
evidence  of  the  fact. 

Quorum.  It  has  been  repeatedly  decided  in  the 
courts  of  England  and  this  country,  that  at  common 
law,  where  there  is  no  statute  provision,  when  a  meet- 
ing of  a  corporation,  consisting  of  an  indefinite  num- 
ber of  persons,  (as  towns,  districts,  etc.,)  is  properly 
notified,  no  particular  number  is  necessary  to  form  a 
quorum,  but  a  majority  of  those  present  may  act. 

To  require  a  majority  of  the  voters  of  the  district, 
would  in  many  cases  prevent  the  doing  of  any  busi- 
ness at  all.  And  to  fix  any  particular  number  would 
be  difficult,  because  there  are  some  districts  where 
this  number  would  be  more  than  the  whole  number  of 
voters.  The  law  has  therefore  required  the  notice  of 
the  meeting  to  be  given  with  great  particularity,  and 
then  presumes  that  every  voter,  who  does  not  attend, 
assents  to  what  is  done  by  those  present. 

At  the  same  time  it  will  not  be  advisable  to  proceed 
in  any  matter  of  importance,  such  as  laying  a  tax, 
etc.,  unless  a  respectable  number  of  voters  attend. 

Order  of  business.  A  district  has  full  power  to 
make  its  own  rules  of  order,  and  any  district  meeting 
is  competent  to  overrule  any  decision  or  ruling  of  the 
moderator,  and  he  is  bound  to  conform  to  their  votes 
in  such  matters. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         225 


111  the  election  of  officers  where  only  one  person  is 
nominated,  it  is  generally  enough  to  call  for  all  in  favor 
of  his  election  to  say,  "aye,"  and  all  opposed  to  say, 
"  110."  If  there  is  the  least  doubt  in  the  moderator's 
mind  as  to  the  vote,  he  should  take  it  again,  by  show 
of  h/mds.  Where  two  or  more  persons  are  nominated 
for  the  same  office,  a  ballot  should  always  be  taken  by 
the  moderator.  If  a  ballot  is  called  for  on  any 
question  and  the  call  is  seconded,  the  moderator 
should  put  the  question  to  the  meeting,  whether  they 
will  have  a  ballot.  If  the  call  is  not  seconded  he  can 
act  his  own  pleasure.  If  a  request  is  made  for  a  rec- 
ord of  the  voters  and  how  they  voted,  it  must  be  taken, 
but  the  request  must  be  made  before  the  voting  begins. 
A  district  may  therefore  reconsider  a  vote  at  any  time 
as  well  upon  the  motion  of  one  who  did  not  vote  for 
it,  as  upon  that  of  one  who  did  ;  and  the  district  may 
also  rescind  any  vote  at  any  time,  before  any  contract 
has  been  made  under  it.  But  after  a  contract  has  been 
made,  or  an  individual  has  incurred  any  expense  or 
liabilities  in  consequence  of  a  vote  of  the  district, 
they  cannot  with  justice  rescind  it.  And  if  it  is  re- 
scinded, they  will  be  held  liable  to  make  good  all 
damages  and  losses  incurred. 

A  subsequent  meeting  cannot  by  vote  legalize  the 
illegal  action  of  a  preceding  meeting. 

TAXATION. 

General  provisions.  The  districts  have  power  to 
build,  purchase,  hire  and  repair  school-houses,  provide 
blackboards,  maps,  furniture,  and  all  necessary  and 
useful  appendages.  The  law  gives  them  a  general 


226  SCHOOL    MANUAL. 


power  to  tax  for  school  purposes.  They  may  tax  to 
pay  rent  of  a  hired  house.  They  may  also  tax  to  re- 
pair a  hired  house,  provided  they  have  a  valid  lease  of 
it  for  a  definite  period.  They  may  also  tax  to  main- 
tain a  day  or  evening  school,  but  they  cannot  impose 
any  tuition  tax  or  rate  bill  on  the  resident  pupils. 
And  to  guard  against  any  abuse  of  this  power,  the 
tax  must  be  approved  by  the  school  committee,  and 
the  plans  for  building  and  repairs  must  also  be  ap- 
proved by  the  committee,  or,  on  appeal,  by  the  commis- 
sioner ;  but  this  approval  is  simply  an  approval  of  the 
amount  of  tax,  and  not  an  endorsement  of  the  accur- 
acy -er  validity  of  the  tax  bill.  And  in  all  cases  of 
levying  taxes,  it  is  necessary  to  vote  either  a  sum  cer- 
tain, or  a  sum  not  less  than  a  certain  sum,  and  not 
more  than  a  certain  sum,  or  a  certain  percentage  on 
the  valuation  of  the  ratable  property  of  the  district. 
The  amount  levied  may  be  greater  than  the  indebted- 
ness of  the  district.  Indeed  it  is  desirable  that  there 
should  be  some  funds  in  the  treasury  all  of  the  time. 
Every  vote  to  levy  a  tax  must  specify  a  time  when  it 
shall  be  due,  or  it  will  not  be  collectible. 

All  taxes  must  be  voted  and  collected  according  to 
the  present  school  act,  all  the  former  town  and  local 
acts  being  repealed. 

On  laying  a  tax,  or  on  any  question  relating  to  the 
expenditure  of  money,  those  only  are  entitled  to  vote 
who  shall  have  paid,  or  are  liable  to  pay,  taxes  ;  and  no 
tax  can  be  assessed  or  money  hired  on  the  credit  of  the 
district  without  the  direct  vote  of  the  district  to  that 
effect. 

Assessment  of  taxes.  Unless  the  district  vote  to 
have  their  tax  assessed  according  to  the  next  town 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         227 

valuation,  the  trustee  or  trustees  must  proceed  to 
make  out  the  tax  bill  according  to  the  last  town  valua- 
tion. If  there  are  any  complaints  of  wrong  valuation, 
it  would  be  well  for  the  district  to  postpone  the  tax 
until  the  next  town  assessment  is  completed,  to  give 
the  parties  an  opportunity  to  be  heard  before  the 
town  assessors. 

There  are  no  such  officers  recognized  by  the  law  as 
district  assessors,  and  if  a  district  should  elect  such, 
and  they  should  assess  a  tax  it  could  not  be  collected  ; 
nor  would  a  tax  be  collectible  if  assessed  by  trustees, 
one  or  all  of  whom  were  subsequently  found  to  be 
disqualified,  or  illegally  elected. 

A  vote  to  assess  by  the  next  town  valuation  is  the 
only  way  for  a  district  to  avail  itself  of  any  increase 
in  the  taxable  property  of  the  district.  The  trustee, 
either  by  himself  or  by  assessors,  has  no  right  to  make 
a  new  valuation  for  individuals,  or  for  the  whole  dis- 
trict indeed,  apart  from  the  rest  of  the  town. 

If  any  property  within  the  district  is  assessed  to  any 
person,  together  with  property  out  of  the  district,  so 
that  there  is  no  separate  valuation  of  that  portion 
which  may  lie  within  the  district  lines,  and  in  the  other 
cases  referred  to  in  chap.  54,  sec.  2,  the  trustees  must 
first  endeavor  to  agree  with  the  parties  interested  as 
to  the  valuation  of  the  property,  and  in  case  they  can- 
not agree  they  must  then  apply  in  writing  to  one  or 
more  of  the  town  assessors,  living  out  of  the  district, 
stating  the  names  of  the  parties  so  situated ;  and  the 
assessor  will  immediately  issue  a  notice,  and  at  the  ex- 
piration of  the  ten  days,  proceed  to  decide  and  appor- 
tion the  valuation,  and  in  his  return  to  the  trustee  he 
should  certify  over  his  official  signature  to  all  of  the 


228  SCHOOL    MANUAL. 


material  facts.  As  the  assessor  is  called  upon  to  act 
in  these  cases  solely  upon  business  of  the  district,  his 
fees  should  be  paid  by  the  district. 

The  following  is  an  abstract  of  the  general  tax  laws 
of  the  State ;  but  a  trustee  or  assessor,  before  pro- 
ceeding to  act,  should  always  inquire  if  they  have  been 
altered  or  amended. 

In  assessing  a  tax,  real  and  personal  estate  must  be 
valued  separately,  and  put  in  separate  columns,  and 
the  assessors  must  distinguish  those  who  give  in  a  list. 
Taxes  on  real  estate  must  be  assessed  to  the  owner  or 
tenant  for  life,  and  separate  tracts  or  parcels  should 
be  separately  described  and  valued,  as  far  as  practica- 
ble. They  should  not  be  assessed  against  a  person 
deceased,  but  may  be  assessed  to  the  estate  or  heirs 
of  the  deceased  until  the  assessors  have  notice  of  a 
division,  and  each  heir  is  liable  for  the  whole  tax.  If 
a  tax  be  assessed  on  real  estate  by  mistake  to  a  per- 
son not  the  owner  thereof,  the  tax  may  be  collected 
from  such  real  estate,  provided  it  can  be  identified, 
and  that  the  real  owner  has  notice  of  the  assessment. 

If  any  real  estate  has  changed  owners  since  the  last 
town  valuation,  it,  of  course,  must  be  assessed  to  the 
actual  owners  at  the  time  the  school-tax  bill  is  made 
out.  This  is  the  reasonable  construction  of  the  law. 
If  the  new  owner  resides  out  of  the  district,  the  pur- 
chase does  not  carry  the  property  out  of  the  district 
too.  It  is  still  taxable  where  it  is  situated. 

Persons  must  be  taxed  for  personal  property  accord- 
ing to  their  residence  for  the  greater  portion  of  the 
twelve  months  next  preceding  the  first  day  of  April 
in  each  year,  unless  otherwise  provided.  But  a  per- 
son moving  into  the  State  will  be  taxable  in  the  town 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        229 

and  district  where  he  resides  when  the  tax  is  assessed. 
If  a  person  moves  out  of  the  State  before  the  assess- 
ment, he  is  not  liable.  The  general  rule  as  to  taxation 
is,  that  personal  property  shall  be  taxed  to  the  owner 
where  he  resides,  and  real  estate  where  it  lies.  A  few 
exceptions  from  this  rule,  made  by  statute,  are  here- 
after referred  to. 

Buildings  on  leased  land,  where  the  lease  is  recorded, 
are  to  be  deemed  real  estate,  but  in  other  cases  they 
would  be  regarded  as  personal  property.  Standing 
wood  to  be  cut  and  removed,  if  there  is  no  deed  of 
the  land,  is  to  be  regarded  as  personal  property.  It 
has  been  decided  in  Massachusetts,  that  a  person  re- 
siding on  land  ceded  to  the  United  States,  and  where 
the  State  has  only  reserved  a  right  of  serving  process, 
is  not  taxable.  (8  Mass.  72  ;  1  Metcalf,  680.)  Ma- 
chinery in  cotton  and  woolen  factories,  merchandise, 
stock  in  trade,  lumber  and  coal,  stock  in  livery  sta- 
bles, being  permanently  located  in  any  town,  are  to 
be  taxed  in  the  towns  where  located,  in  the  same  man- 
ner as  if  the  owner  resided  there. 

Personal  property  in  trust,  the  income  of  which  is 
to  be  paid  to  some  other  person,  must  be  assessed  to 
the  trustee  in  the  town  where  such  other  person  re- 
sides, if  in  the  State,  but  if  such  person  lives  out  of 
the  State,  then  it  is  to  be  taxed  where  the  trustee,  ex- 
ecutor, etc.,  resides. 

Personal  property  in  the  hands  of  the  executors; 
guardians,  etc.,  is  to  be  taxed  to  them  in  the  town 
where  the  deceased  dwelt,  or  the  ward  resides,  if  a  res- 
ident of  this  State  ;  but  if  not,  then  in  the  town  where 
the  guardian  resides. 

20 


230  SCHOOL    MANUAL. 


Collection  of  taxes.  The  taxes  must  be  collected 
by  the  district  collector,  or  the  town  collector,  if  the 
district  so  votes.  A  tax  paid  to  the  treasurer  or  any 
other  person,  does  not  release  the  party.  If  the  town 
collector  serves,  he  does  not  need  to  be  engaged  as  dis- 
trict collector. 

Before  the  collector .  proceeds  to  the  collection  of 
the  taxes  he  should  see  that  the  provisions  of  the  law 
regarding  the  assessment  have  been  complied  with. 

The  mode  of  distraining  and  selling  personal  prop- 
erty is  pointed  out  in  the  general  statutes.  The  mode 
of  notifying  and  selling  land  for  taxes  is  also  pre- 
scribed by  law.  In  either  of  the  above  cases  the  col- 
lector should  be  very  particular  to  follow  the  exact 
letter  of  the  law,  keeping  ivithin,  rather  than  over- 
stepping, its  bounds.  If  a  person  is  taxed  for  more 
than  one  parcel  of  land,  the  whole  tax  may  be  col- 
lected out  of  any  one  parcel,  and  the  real  estate  is 
liable  for  the  tax  on  both  real  and  personal  property. 
A  tax  warrant  remains  in  force  until  the  whole  tax  is 
collected,  even  though  a  second  or  third  tax  may  have 
been  levied  in  the  meantime. 

If  the  collector  dies,  resigns  or  is  removed,  the  new 
collector,  in  order  to  complete  the  collection,  should 
receive  a  new  warrant.  The  oath  of  the  collector  is 
admitted  to  prove  a  demand.  Any  district  may  offer 
a  deduction  to  those  who  pay  on  or  before  a  certain 
time,  or  impose  a  percentage  on  those  who  do  not,  not 
to  exceed  the  rate  of  twelve  per  cent,  per  annum. 

All  property  which  is  exempted  from  attachment 
by  the  laws  of  this  State,  or  of  the  United  States, 
such  as  the  uniform,  arms,  ammunition  and  equip- 
ments of  an  officer  or  private  in  the  militia,  household 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        231 


furniture,  family  stores,  tools,  etc.,  cannot  be  dis- 
trained for  taxes. 

Owners  of  real  estate  or  buildings  sold  for  taxes, 
may  redeem  within  one  year  after  sale,  on  paying  to 
the  purchaser  the  amount  paid  therefor,  with  twenty 
per  cent,  in  addition. 

Any  person  neglecting  to  appear  before  the  asses- 
sor, after  notice  given,  has  no  remedy.  Any  tax  or 
assessment  not  appealed  from  cannot  be  questioned  in 
court  afterwards.  Provision  is  made  for  correcting 
errors  and  re-assessing  a  tax  by  application  to  the 
commissioner. 

All  claims  for  abatement  of  taxes  must  be  made  to 
the  district,  who  alone  have  authority  to  make  the 
same ;  save  in  cases  where  the  plea  is  based  upon  a 
change  of  boundaries,  when  an  appeal  is  allowed  to 
the  committee,  or  the  commissioner. 

[See  the  forms  and  notes,  and  especially  the  notes 
to  the  form  of  a  vote  for  laying  a  tax.] 

TEACHERS. 

Every  teacher  is  required  to  keep  a  record  of  all  the 
scholars  attending  the  school,  their  sex,  names,  ages, 
names  of  parents  or  guardians,  the  time  when  they, 
enter  and  leave  school,  their  daily  attendance,  and  the 
dates  when  the  school  is  visited  by  the  commissioner, 
committee,  or  trustees.  These  registers  should  be  fur- 
nished by  the  committee,  to  whom  they  are  sent  by 
the  commissioner.  From  the  register  the  teacher  must 
furnish  the  trustees  with  such  information  as  may  be 
necessary  to  make  the  returns  required  by  the  school 
committee. 

It  would  be  well  for  the  teacher  to  inform  the  com- 


232  SCHOOL    MANUAL. 


mittee  of  the  time  of  commencing  and  closing  his 
school,  in  order  that  they  may  know  when  to  visit  it, 
as  the  trustees  sometimes  neglect  this  duty. 

It  is  important  that  the  register  be  correctly  kept, 
and  the  average  rightly  calculated,  as  upon  that  de- 
pends in  part  the  amount  of  money  the  district  will 
receive  next  year.  Moreover  accuracy  in  all  of  the 
statistics  is  of  the  highest  importance,  and  the  teachers 
are  especially  directed  to  follow  carefully  the  directions 
to  be  found  in  the  registers. 

The  teacher  should  assist  the  trustees  by  all  the 
means  in  his  power,  in  making  the  proper  returns,  as 
upon  their  accuracy  and  fullness  may  depend  the  suc- 
cess or  failure  of  many  provisions  of  the  law,  as  well 
as  the  wisdom  of  future  alterations  of  it.  Full  direc- 
tions for  making  out  these  returns  are  to  be  found  on 
all  the  blanks  which  are  furnished,  and  these  direc- 
tions should  be  strictly  followed. 

The  teacher  should  conform  to  all  regulations  of  the 
school  committee,  in  regard  to  hours,  studies,  disci- 
pline, text-books,  etc.,  as  for  any  violation  of  them, 
his  certificate  may  be  annulled,  or  he  may  be  dismissed. 
He  may,  (if  the  school  committee  by  regulation  author- 
ize it) ,  suspend  a  scholar  temporarily,  until  a  hearing 
can  be  had  before  the  committee,  in  which  case  he 
should  immediately  notify  the  committee,  and  the 
parents  or  guardian  of  the  child. 

The  law  fixes  no  minimum  standard  of  qualifica- 
tions, but  it  is  left  for  the  school  committee  of  each 
town  to  determine  their  own  standard.  Each  teacher 
should,  however,  endeavor  to  add  to  his  acquirements, 
and  should  realize  that  all  knowledge  is  valuable  and 
of  use  in  a  school-room. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         233 

There  is  no  appeal  to  the  commissioner  from  a  re- 
fusal of  a  committee  to  grant  a  certificate. 

No  member  of  the  committee,  or  superintendent,  or 
trustee,  can  teach  any  school  supported  wholly  or  in 
part  by  the  public  mpneys,  in  the  town  where  he  re- 
sides. 

If  the  teacher  has  a  proper  sense  of  the  importance 
of  his  position,  and  conducts  himself  accordingly,  he 
will  secure  to  himself  the  affection  and  respect  of  the 
people  of  his  district,  by  exerting  his  utmost  powers 
to  promote  the  moral  and  intellectual  advancement, 
not  only  of  his  scholars,  but  of  the  community  around 
him.  The  moral  influence  he  may  exert  by  his  exam- 
ple and  instructions,  can  hardly  be  estimated.  And 
he  may,  by  encouraging  lectures  and  literary  meetings, 
aid  in  diffusing  much  useful  information. 

Moral  instruction  should  by  all  means  be  inculcated 
by  the  teacher,  but  yet  so  as  to  avoid  all  sectarian 
comments  or  bias. 

The  rule  as  laid  down  in  the  laws  of  the  State  of 
Massachusetts,  while  it  points  out  and  inculcates  the 
duty  of  the  teacher  to  give  moral  instruction,  is  care- 
fully drawn  to  avoid  giving  countenance  to  any  at- 
tempt to  impart  sectarian  instruction,  and  may  well 
be  followed  in  this  commonwealth. 

"It  shall  be  the  duty  of  the  teachers  to  use  their 
best  endeavors  to  impress  upon  the  minds  of  the 
youth  committed  to  their  care  and  instruction,  the 
principles  of  piety,  justice,  and  a  sacred  regard  to 
truth,  love  to  their  country,  humanity  and  universal 
benevolence,  sobriety,  industry,  frugality,  chastity, 
moderation,  temperance,  and  those  other  virtues  which 

20* 


234  SCHOOL    MANUAL. 


are  the  ornament  of  human  society  and  the  basis  upon 
which  a  republican  constitution  is  founded ;  and  they 
shall  endeavor  to  lead  their  pupils,  as  their  ages 
and  capacities  will  allow,  into  a  clear  understanding 
of  the  tendencies  of  these  virtue^  to  preserve  and  per- 
fect-a  republican  constitution,  and  secure  the  blessings 
of  liberty,  as  well  as  to  promote  their  own  happiness  ; 
and  also  to  point  out  to  them  the  evil  tendency  of  the 
opposite  vices." 

Reading  the  Bible  and  praying  in  schools.  The 
constitution  and  laws  of  the  State  give  no  power  to  a 
school  committee,  nor  is  there  any  authority  in  the 
State  by  which  the  reading  of  the  Bible  or  praying  in 
school,  either  at  the  opening  or  at  the  close,  can  be 
commanded  and  enforced.  On  the  other  hand,  the 
spirit  of  the  constitution,  and  the  neglect  of  the  law 
to  specify  any  penalty  for  so  opening  or  closing  a 
school,  or  to  appoint  or  allow  any  officer  to  take  no- 
tice of  such  an  act,  do  as  clearly  show  that  there  can 
be  no  compulsory  exclusion  of  such  reading  and  pray- 
ing from  our  public  schools.  The  whole  matter  must 
be  regulated  by  the  .consciences  of  the  teachers  and 
inhabitants  of  the  district,  and  by  the  general  consent 
of  the  community.  Statute  law  and  school  commit- 
tees' regulations  can  enforce  neither  the  use  nor  dis- 
use of  such  devotional  exercises.  School  committees 
may  recommend,  but  they  can  go  no  further. 

It  is  believed  to  be  the  general  sentiment  of  the 
people  of  Rhode  Island,  that  this  matter  shall  be  left 
to  the  conscience  of  the  teacher ;  and  it  is  expected 
that  if  he  read  the  Bible  as  an  opening  exercise,  he 
shall  read  such  parts  as  are  not  controverted  or  dis- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         235 

puted,  but  such  as  are  purely  or  chiefly  devotional ; 
and  if  he  pray  at  the  opening  of  his  school,  he  shall 
be  very  brief,  and  conform  as  nearly  to  the  model  of 
the  Lord's  Prayer  as  the  nature  of  the  case  will  ad- 
mit. And  in  all  this  he  is  bound  to  respect  the  con- 
scientious scruples  of  the  parents  of  the  children 
before  him,  as  he  would  have  his  own  conscientious 
scruples  respected  by  them  in  turn  ;  always,  of  course, 
taking  care  that  in  the  means  he  uses  to  show  his  re- 
spect for  the  consciences  of  others,  he  does  not  violate 
the  law  of  his  own  conscience. 

In  regard  to  the  use  of  the  Bible  in  schools,  two 
observations  occur  here.  If  the  committee  prescribe, 
or  the  teacher  wishes,  to  have  the  Bible  read  in  school, 
it  should  not  be  forced  upon  any  children  whose  par- 
ents have  any  objections  whatever  to  its  use.  In 
most  cases  the  teacher  will  have  no  difficulty  with  the 
parents  on  this  subject,  if  he  conducts  with  proper 
kindness  and  courtesy.  In  the  next  place,  no  schol- 
ars should  be  required  to  read  the  Bible  at  school,  un- 
til they  have  learned  to  read  with  tolerable  fluency. 
To  use  it  as  a  text  book  for  the  younger  scholars,  of- 
ten has  the  effect  of  leading  them  to  look  upon  it  with 
the  same  sort  of  careless  disregard,  and  sometimes 
dislike,  with  which  they  regard  their  other  school- 
books,  instead  of  that  respect  and  veneration  with 
which  this  book  of  books  should  always  be  treated 
and  spoken  of. 

In  the  last  part  of  this  manual  will  be  found  certain 
forms  of  prayer,  which  are  given,  simply  as  a  guide 
to  those  who  wish  to  use  this  service  and  as  an  indi- 
cation of  that  form  which  would  be  generally  accept- 
able to  any  community.  These  particular  forms  are 


236  SCHOOL    MANUAL. 


those  allowed  by  law  to  be  used  in  the  public  schools 
of  Canada,  and  are  both  comprehensive  in  their  scope 
and  appropriate  in  their  diction. 

Power  to  punish.  The  teacher  should  maintain  a 
careful  supervision  over  the  conduct  of  his  pupils  at 
all  times  when  they  are  upon  the  "school  premises. 
Recesses  and  the  brief  periods  at  the  beginning  and 
close  of  school,  when  the  children  are  mingling  to- 
gether in  the  school  yard,  are  times  above  all  others, 
when  the  watchful  eye  of  the  teacher  should  be  on  the 
alert.  The  conduct  of  pupils  on  their  way  to  and  from 
school  should  also  not  escape  the  notice  of  the  teacher, 
though  the  extent  of  the  teacher's  authority  to  enforce 
obedience  in  such  circumstances  is  much  more  restric- 
ted than  in  cases  occurring  on  the  school  premises. 

This  question  of  the  extent  of  the  teacher's  author- 
ity has  been  very  widely  discussed,  *and  has  been  the 
subject  of  many  controversies  and  judicial  decisions 
in  various  States  ;  and  while  it  is  impossible  to  lay 
down  a  rule  which  shall  cover  all  cases,  the  general 
principles  have  been  quite  well  defined,  and  were  very 
clearly  set  forth  in  a  recent  case  in  the  Supreme  Court 
of  this  State  where  a  teacher  was  sued  for  damages 
on  account  of  unlawful  and  excessive  punishment. 
The  court,  Mr.  Justice  Tillinghast  presiding,  instruc- 
ted the  jury  substantially,  as  follows  : 

An  assault  and  battery  is  any  unlawful  physical 
force  used  against  the  person  of  another.  It  matters 
not  how  slight  or  how  great  the  force,  so  that  it  be  un- 
lawful and  wrongful,  it  is  an  assault  and  battery. 
This  defendant  is  charged  with  the  use  of  such  force 
against  the  person  of  the  plaintiff.  She  admits  that 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        237 

she  did  use  physical  force  against  him  —  that  she  did 
punish  him  with  the  instrument  which  -she  has  pro- 
duced before  you, — so  that,  the  force  being  admitted 
the  first  and  principal  question  for  you  to  determine  is 
whether  it  was  unlawful  or  wrongful.  If  so,  she  is 
guilty  as  charged.  If  not,  she  is  not  guilty. 

The  defendant  justifies  her  conduct,  or  seeks  to  jus- 
tify it,  on  the  ground  that  she  was  a  teacher  in  a  pub- 
lic school  ;  that  this  plaintiff  was  a  pupil  under  her 
charge  ;  and  that  the  only  force  she  used  was  the  inflic- 
tion of  such  reasonable  and  judicious  bodily  punish- 
ment, as  she  lawfully  might  inflict  for  the  disobedience 
and  misconduct  of  the  pupil.  That  a  teacher  of  a 
public  school  has  the  right  to  inflict  corporal  punish- 
ment upon  a  pupil,  for  sufficient  cause,  is  not  disputed. 
He  stands,  practically,  for  the  time  being,  in  place  of 
the  parent,  and  may  lawfully  and  properly  inflict  such 
punishment  as  may  be  reasonable  and  necessary  to 
compel  obedience  and  a  due  regard  for  the  well-order- 
ing and  good  government  of  the  school. 

Judge  Blackstone  says,  "The  master  is  in  loco 
parentis,  and  has  such  a  portion  of  the  powers  of  the 
parent  committed  to  his  charge  as  may  be  necessary 
to  answer  the  purposes  for  which  he  is  employed." 

Punishment  of  this  sort  should,  however,  be  ad- 
ministered with  especial  care  and  prudence,  and  always 
with  temperate  zeal  and  moderation.  If  in  any  case 
the  punishment  is  clearly  excessive,  it  then  becomes 
unjustifiable,  and  the  teacher  is  liable. 

It  being  admitted  then,  that  the  teacher  has  the 
right  to  punish  his  pupil  for  acts  of  misbehavior  com- 
mitted in  school,  we  will  enquire  as  to  his  right  to 
punish  for  such  acts  cpmmitted  before  the  school  was 


238  SCHOOL    MANUAL. 


commenced,  or  after  it  was  dismissed.  Upon  this 
point  there  is  -some  difference  of  opinion  in  the  com- 
munity, but  the  law  seems  to  be  well  settled,  and  is 
this  : — that  for  such  misbehavior  out  of  school  as  has 
a  direct  and  immediate  tendency  to  injure  the  school, 
to  subvert  the  master's  authority,  and  to  beget  disor- 
der and  insubordination,  the  teacher  may  inflict  cor- 
poral punishment.  ; '  It  is  not  misbehavior  generally, ' ' 
says  ALDIS  J.,  "or  towards  other  persons,  or  even  to- 
wards the  master  in  matters  in  no  ways  connected 
with  or  affecting  the  school.  For  as  to  such  matters, 
committed  by  the  child  after  his  return  home  from 
school  the  parents,  and  they  alone,  have  the  power  of 
punishment."  But  where  the  offence  has  a  direct  and 
immediate  tendency  to  injure  the  school  and  bring  the 
teacher's  authority  into  contempt,  as  in  this  case, 
when  done  in  the  presence  of  other  scholars  and  of 
the  teacher,  and  with  a  design  to  insult  her,  she  has 
the  right  to  punish  the  scholar  for  such  acts,  if  he 
comes  again  to  school. 

"  The  misbehavior,"  says  the  same  Judge,  "must 
not  have  merely  a  remote  and  indirect  tendency  to 
injure  the  school.  All  improper  conduct  or  language 
may  perhaps  have,  by  influence  and  example,  a  remote 
tendency  of  that  kind.  But  the  tendency  of  the  acts 
so  done  out  of  the  teacher's  supervision,  for  which  he 
may  punish,  must  be  direct  and  immediate  in  their 
bearing  upon  the  welfare  of  the  school,  or  the  author- 
ity of  the  teacher  and  the  respect  due  him. 

"Cases  may  readily  be  supposed  which  lie  very  near 
the  line,  and  it  will  often  be  difficult  to  distinguish  be- 
tween the  acts  which  have  such  an  immediate,  and 
those  which  have  such  a  remote,  tendency.  Hence 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         239 


each  case  must  be  determined  by  its  peculiar  circum- 
stances." 

"Acts  done  to  deface  or  injure  the  school-room,  to 
destroy  the  books  of  scholars,  or  the  books  or  appar- 
atus for  instruction,  or  the  instruments  of  punishment 
of  the  master ;  language  used  to  other  scholars  to  stir 
up  disorder  and  insubordination,  or  to  heap  odium  and 
disgrace  upon  the  master  ;  writings  and  pictures  placed 
so  as  to  suggest  evil  and  corrupt  language,  images  and 
thoughts  to  the  youth  who  must  frequent  the  school ; 
all  such  or  similar  acts  tend  directly  to  impair  the  use- 
fulness of  the  school,  the  welfare  of  the  scholars,  and 
the  authority  of  the  master.  By  common  consent  and 
by  the  universal  custom  in  our  New  England  schools, 
the  master  has  always  been  deemed  to  have  the  right 
to  punish  such  offences. 

"Such  power  is  essential  to  the  preservation  of 
order,  decency,  decorum  and  good  government  in 
schools." 

Of  course  any  direct  personal  insult  or  indignity  to 
the  teacher,  as  snow-balling  her,  stoning  her  and  other 
like  conduct  out  of  school  would  come  within  the  same 
rule.  The  reasonable  exercise  of  the  teacher's  author- 
ity over  her  pupils  both  in  and  out  of  school,  as  to 
those  things  which  pertain  directly  to  the  well-being 
of  the  school,  must  be  upheld  and  sustained,  or  our 
public  school  system  will  prove  worse  than  a  failure. 

If  you  find,  therefore,  that  the  punishment  inflicted 
by  the  defendant  in  this  case  was  either  for  miscon- 
duct committed  in  school,  or  out  of  school,  under 
such  circumstances  as  I  have  described  to  you,  and 
that  it  was  not  clearly  excessive  under  the  circum- 
stances of  the  case,  then  the  justification  set  up  by 


240  SCHOOL    MANUAL. 


defendant  is  made  out,  and  you  "will  find  a  verdict  of 
not  guilty.  If  you  find  that  the  punishment  was 
wrongfully  inflicted,  or  excessive,  then  you  will  find 
a  verdict  of  guilty  and  assess  such  damages  in  favor 
of  the  plaintiff  as  you  think  him  fairly  entitled  to. 

The  jury  returned  a  verdict  of  NOT  GUILTY. 

The  teacher  should  remember  that  while  the  law 
holds  him  responsible  for  his  acts  in  the  school-room, 
it  also  protects  him  while  therein  employed  from  all 
external  or  unofficial  interference.  No  private  person 
has  any  right,  in  any  circumstances,  to  enter  a  school- 
room in  school  hours  to  make  any  complaint  or  to 
disturb  the  school  in  any  way.  The  statute  law  pro- 
vides a  specific  penalty  for  such  an  offence. 

APPEALS. 

The  law  has  wisely  provided  a  cheap  and  efficient 
mode  of  settling  all  disputes  arising  under  the  school- 
law.  It  was  intended  to  save  the  expense  of  litiga- 
tion to  districts  and  individuals,  and  it  is  believed 
that  it  has  already  had  the  effect  of  saving  a  great 
expenditure  of  money  in  this  way,  as  well  as  effecting 
a  more  speedy  settlement  of  difficulties,  which,  if 
continued,  would  interrupt  the  harmony  of  the  dis- 
tricts and  injure  the  schools.  An  appeal  may  be 
taken  to  the  commissioner  [see  the  forms],  and  he 
will  hear  the  parties  without  cost,  and  his  decision  is 
to  be  final  as  to  the  facts  or  merits  of  the  case.  When 
questions  of  law  arise,  provision  is  made  for  la}Ting 
them  before  one  of  the  judges  of  the  Supreme  Court, 
but  the  judges  \yill  not  examine  or  hear  the  parties 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        241 

upon  the  facts  of  the  case.  When  a  case  is  submit- 
ted to  one  of  the  judges,  it  has  been  decided  that  the 
commissioner  must  make  a  statement  of  the  facts 
as  he  finds  them  to  be  established  by  the  evidence, 
and  that  this  statement  is  to  be  submitted,  and  not  the 
evidence  itself. 

Any  party  neglecting  to  appeal  from  a  vote  to  tax, 
or  an  assessment  of  a  tax,  cannot  question  it  after- 
wards, provided  the  meeting  was  legally  notified,  and 
the  tax  approved,  etc. 

It  has  been  settled  that  an  appeal  brings  the  whole 
question  up,  and  that  the  commissioner  in  many  cases 
is  not  confined  to  confirming  or  reversing  the  proceed- 
ings appealed  from,  but  may  make  a  new  decision. 

All  appeals,  however,  should  be  taken  within  a 
reasonable  time,  and  before  any  contract  is  made,  or 
liability  incurred,  under  the  vote  or  act  appealed  from. 
If  the  appeal  is  not  made  within  such  a  reasonable 
time,  that  circumstance  alone  will  be  a  sufficient  rea- 
son for  dismissing  it.  And  no  appeal  will  be  enter- 
tained unless  made  by  the  party  aggrieved. 

Written  notice  of  the  appeal  should  always  be  sent 
to  the  party  whose  action  is  appealed  from,  or  to  the 
officer  whose  title  is  questioned,  and  as  a  rule  it  is 
best  to  send  a  copy  of  the  appeal  itself,  as  such  a 
course  will  usually  save  time. 

Deo/,  dumb,  blind  and  idiotic.  A  State  school  for 
the  deaf  has  been  established  in  Providence,  under 
the  control  of  the  Board  of  Education.  It  is  a  day 
school,  conducted  somewhat  after  the  plan  of  the 
Horace  Maun  school  in  Boston.  All  residents  of  the 
State  are  entitled  to  free  admission.  Provision  is  also 

21 


242  SCHOOL    MANUAL. 


made  whereby  aid  may  be  given  to  indigent  pupils  liv- 
ing out  of  the  city,  to  enable  them  to  pay  their  travel- 
ling expenses. 

In  addition  to  the  above  an  appropriation  of  six 
thousand  dollars  is  made  annually  by  the  State  for  the 
education  of  the  indigent  deaf  and  dumb,  blind,  and 
idiotic,  at  such  institutions  as  the  'governor  may  de- 
cide upon. 

As  there  are  some  of  these  unfortunates  in  every 
town  in  the  State,  the  school  committees  and  friends 
of  education  and  humanity  should  look  them  up  and 
see  that  they  receive  the  advantages  which  the  State 
provides  so  liberally  for  them. 

LIBRARIES. 

Towns  and  districts  are  both  authorized  to  maintain 
school  libraries  and  a  slight  annual  expenditure  added 
to  the  State  aid  for  the  supply  of  school  apparatus, 
would  soon  suffice  to  equip  every  school  with  a  good 
working  library,  than  which  no  better  educational 
power  exists.  In  towns  where  there  is  no  public 
library  and  where  the  population  is  so  scattered  as 
to  preclude  the  maintenance  of  one  central  library, 
such  school  libraries  should  be  established  without  fail 
and  maintained  at  a  high  degree  of  efficiency. 

In  addition  to  these  school  libraries,  towns  are  au- 
thorized to  establish  and  maintain  free  public  libraries, 
and  several  of  the  towns  have. such  libraries  already 
established.  In  a  large  number  of  other  towns  there 
are  free  libraries,  but  they  are  controlled  by  associa- 
tions, either  chartered  directly  by  the  General  Assem- 
bly, or  organized  under  the  general  law  relating  to 
"Voluntary  Associations."  The  State  Board  of 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         243 


Education  is  authorized  to  grant  aid  from  the  State 
treasury  to  all  such  free  public  libraries.  The  main 
condition  is  that  the  use  of  the  library  shall  be  entirely 
free  to  all  the  citizens,  subject  only  to  such  rules  as 
are  necessary  for  the  proper  care  of  the  property. 
This  aid  cannot  be  given  until  the  library  has  attained 
to  the  size  of  five  hundred  volumes.  The  amount  of 
aid  is  fifty  dollars  annually  for  the  first  five  hundred 
volumes,  and  twenty-five  dollars  additional  for  each 
subsequent  five  hundred.  This  increase  is,  however, 
optional  with  the  Board  of  Education.  The  Board 
are  authorized  to  make  rules  and  regulations  for  the 
government  of  these  libraries.  Copies  of  these  rules 
can  be  had  always  on  application  to  the  commissioner. 
If  possible  it  is  desirable  to  establish  these  libraries 
upon  a  permanent  basis,  and  that  is  best  secured  by 
making  them  town  institutions.  Provision  is  thereby 
made  for  their  constant  care  and  protection  and  the 
general  public  is  more  thoroughly  interested  in  them. 
It  often  happens  however  that  the  first  inception  of 
such  an  enterprise  must  be  in  the  minds  of  a  few  pub- 
lic spirited  persons,  and  in  that  case  they  should  asso- 
ciate themselves  together.  An  outline  of  the  necessary 
articles  for  such  an  association  will  be  found"  among 
the  <;  Forms." 


244  SCHOOL    MANUAL. 


COURSE  OF  STUDIES. 


The  following  Coarse  of  Studies  has  been  prepared 
mainly  for  the  ungraded,  or  district,  schools.  It  is 
believed,  however,  that  it  will  be  found  adapted,  in  its 
general  outlines,  to  any  system  of  graded  schools. 
It  is  therefore  commended  to  all  schools  that  are 
working  without  any  definite  plan. 

FIRST   YEAR. 

Reading.  The  word  or  sentence  method  is  recom- 
mended* for  beginners  as  preferable  to  the  alphabet 
method  alone.  Free  use  should  be  made  of  the  black- 
board. By  means  of  it  the  whole  class  may  be  taught 
as  successfully  as  a  single  pupil.  Be  cautious  in 
teaching  words  before  the  pupils  possess  the  ideas 
which  they  are  designed  to  represent.  The  work  of 
this  year  should  be  that  usually  covered  by  any  First 
Reader. 

Spelling.  At  first  depend  entirely  upon  the  copying 
by  the  pupils  of  the  words  on  the  blackboard  and  se- 
lections from  the  reader.  Use  only  the  script  form  of 
letters.  As  fast  as  the  pupils  acquire  a  knowledge  of 
the  names  of  the  letters,  oral  spelling  can  be  intro- 
duced as  a  change.  , 

Numbers.  Teach  numbers  from  1  to  10 ;  using 
first  various  objects,  then  giving  the  names  and  also 


COURSE    OF    STUDIES.  245 

the  figures.  Teach  with  each  number  all  the  possible 
combinations  in  addition,  subtraction,  multiplication 
and  division. 

Vocal  Music.  Begin  with  G  for  1,  and  teach  the 
first  five  tones  of  the  scale,  using  syllables,  scale 
names  and  words.  Secure  good  articulation  and  qual- 
ity of  tone.  Practice  writing  the  notes  in  various 
combinations.'  Teach  simple,  but  pleasing  rote  songs. 
Vocal  exercises. 

Drawing.  Teach  ideas  of  measure,  points  and 
lines  ;  names  of  lines  drawn  in  different  directions 
and  angles,  with  the  names  of  the  different  kinds. 

Manners  and  Morals.  Give  attention  to  habits  of 
personal  cleanliness.  Present  and  enforce  moral 
truths  by  means  of  anecdote  and  illustration. 

SECOND    YEAR. 

Reading.  Second  Reader  begun.  Other  reading 
of  the  same  grade.  Awaken  the  ideas  in  the  pupil's 
mind,  before  he  attempts  to  express  them.  Teach  the 
names  and  common  uses  of  the  punctuation  marks. 

Spelling.  Make  up  the  exercises  mainly  from  the 
reading  lessons  and  from  words  representing  familiar 
objects.  The  work  should  be  mainly  in  writing. 

Penmanship.  Begin  formal  and  systematic  instruc- 
tion. Use  slates  ruled  for  the  purpose,  or  paper  with 
lead  pencil.  Begin  with  the  letters 


21* 


246  SCHOOL    MANUAL. 


At  first  do  not  be  too  critical.  Aim  at  a  general  uni- 
formity in  size  and  slope.  Tracing  books  may  be 
used  here  and  in  the  next  grade  to  assist  in  the  work. 

Numbers.  Teach  the  different  numbers  up  to  20, 
as  in  the  case  of  the  first  ten.  Teach  also  the  writing 
and  reading  of  numbers  up  to  100.  Begin  combina- 
tions of  operations  with  small  numbers,  as  addition 
with  multiplication,  or  subtraction  with  division.  Aim 
at  great  facility  and  accuracy  in  the  use  of  the  first 
twenty  numbers.  Teach  the  Roman  notation  only  as 
far  as  you  have  gone  with  the  Arabic. 

Language.  Begin  to  teach  the  use  of  language  by 
first  talking  with  children  about  familiar  objects. 
These  exercises  should  always  be  carefully  prepared 
beforehand,  and  should  be  so  arranged  as,  first,  to 
lead  the  pupils  to  think  and  speak  for  themselves, 
and  second,  to  leave  distinct  and  proper  impressions 
on  their  minds.  Having  obtained  oral  statements,  or 
descriptions  from  the  pupils,  then  require  them  to 
write  out  the  same  thing  on  slate  or  paper.  Be  satis- 
fied with  short  and  easy  steps  at  first. 

Vocal  Music.  Carry  forward  the  work  in  the  same 
manner  as  in  first  year,  up  to  (6)  E.  Practice  on  the 
intervals  1 — 3,  3 — o,  2 — 4.  Pay  special  attention  to 
the  tone,  that  it  does  not  become  loud  and  harsh. 
Rote  songs  as  before. 

Drawing.  Teach  the  different  geometrical  forms 
involving  straight  lines.  Simple  dictation  exercises 
introducing  design. 

Manners  and  Morals.  General  behavior  in  the 
relations  of  pupils  with  one  another,  with  their  par- 


COURSE    OF    STUDIES.  247 

ents,  and  with  their  elders  or  superiors.  Enforce 
this  and  all  the  moral  virtues  by  precept,  example  and 
illustration,  daily. 

THIRD    YEAR. 

Reading.  Second  Reader  completed,  and  other 
reading  matter  of  similar  grade.  Begin  teaching  the 
simplest  form  of  analysis  of  the  reading  lesson,  thus 
preparing  the  pupil  for  a  proper  study  of  his  lesson. 

Spelling.  Depend  chiefly  upon  the  written  exer- 
cises, looking  out  for  accuracy  and  neatness  of  exe- 
cution. The  spelling-book  proper  may  be  introduced 
with  care  that  too  difficult  words  are  not  taken. 

Penmanship.  Teach  the  rest  of  the  letters  of  the 
alphabet.  Watch  the  pupils  carefully  for  the  detec- 
tion of  radical  errors  and  wrong  tendencies,  and  aim 
especially  for  the  correction  of  the  same. 

Xiimbers.  Write  numbers  up  to  1000.  Teach  the 
principles  of  the  decimal  method  of  numeration. 
Make  applications  with  United  States  money,  and 
measures  of  length  and  capacity,  both  common  and 
metric. 

Language.  Exercises  as  in  the  previous  year,  in- 
creasing gradually  their  scope  and  fulness.  Call  for 
the  products  of  the  memory,  either  what  they  may 
have  read  or  heard.  Teach  the  use  of  capitals  and 
the  period. 

Geography.  Preparatory  work.  Begin  with  lessons 
on  form,  size  and  place.  Teach  the  structure  and  use 
of  a  map  or  plan.  Teach  the  various  geographical 


UHI7ERSIT? 


248  SCHOOL    MANUAL. 


terms,  such  as  surface,  hill,  plain,  source,  shore,  etc., 
as  far  as  possible  from  the  objects  themselves,  and  in 
their  absence,  from  drawings  or  illustrations. 

Vocal  Music.  Begin  to  teach  simple  songs  by  note, 
key  of  C.  Complete  the  work  of  mastering  the  scale, 
using  any  tone  from  C  to  F  for  1.  Teach  right  use 
of  note,  scale,  staff  and  names  of  degrees  of  the 
staff. 

Drawing.  Curved  lines  and  geometrical  forms  in- 
volving them.  Secure  as  accurate  work  as  possible. 
Begin  object  drawing.  Original  design. 

Manners  and  Morals.  General  behavior  in  public 
places.  Seek  for  and  improve  every  opportunity  to 
inculcate  the  highest  type  of  morality. 

FOURTH    YEAR. 

Reading.  Third  Reader  and  other  matter  of  the 
same  grade.  Continue  analysis  of  the  reading  lesson. 
Begin  to  note  minor  matters  in  enunciation,  pronunci- 
ation, etc.,  and  secure  their  correction.  Avoid  all 
concert  reading,  except  in  case  of  short  selections  for 
drill  purposes. 

Spelling.  Continue  as  before.  See  that  all  new 
words  in  the  reading  lessons  are  learned. 

Penmanship.  Begin  with  regular  copy  books. 
Practice  freely  on  waste  paper.  Let  the  teaching  be 
mainly  done  to  all  of  the  pupils  at  the  same  time. 
Dwell  upon  the  formation  of  the  several  letters,  secur- 
ing perfect  concert  of  action. 

Arithmetic.     Begin  written  arithmetic.    Carry  nota- 


COURSE    OF    STUDIES.  249 

tiou  and  numeration  to  billions.  Go  through  the 
fundamental  operations,  deriving  all  rules  from  the 
processes.  Aim  for  and  secure  facility  and  accuracy. 

Language.  Have  the  pupils  write  out  analysis  of 
the  reading  lesson.  Let  them  write  short  accounts  of 
familiar  objects  or  scenes.  Scan  the  exercises  as  care- 
fully for  that  which  is  praiseworthy,  as  for  the  errors. 
Be  judicious  in  your  criticisms. 

Geography.  Teach  the  earth  as  a  whole  from  the 
globe,  its  form,  size,  motion,  etc.  ;  its  grand  divisions, 
and  main  features.  Construct  map  of  the  hemispheres. 

Vocal  Music.  Continue  work  of  the  third  grade, 
letting  any  degree  of  the  staff  represent  the  pitch  1. 
Pure,  sweet  tones  to  be  studiously  sought  for,  not 
only  in  these  exercises,  but  also  in  the  recitations. 
Reading  at  sight,  key  of  C. 

Drawing.  Free  hand  from  flat  copies.  Dictation 
exercises  by  the  teacher.  Drawing  from  memory. 
Original  design. 

Manners  and  Morals.  Carry  out  the  plan  as  set 
forth  in  the  preceding  years,  endeavoring  always  to 
leave  a  vivid  and  definite  impression  upon  the  pupil's 
mind. 

FIFTH    YEAR. 

Reading.  Third  Reader  completed,  and  matter  of 
similar  grade.  Memorizing  of  choice  selections.  Let 
the  reading  lesson  include  thorough  knowledge  of  the 
persons,  places  and  events  connected  therewith. 

Spelling.     Continue  the  same  plan  as  last  year,  keep- 


250  SCHOOL   MANUAL. 


ing  the  classes  of  words  to  be  learned,  within  the  ready 
mastery  and  comprehension  of  the  pupils. 

Penmanship.  Two  numbers  in  the  copy-books. 
Drill  the  whole  school  as  before  in  the  proper  move- 
ments of  the  fingers  and  forearm. 

Arithmetic.  Review  from  the  beginning  thoroughly 
through  division,  paying  attention  only  to  the  simple 
operations.  Give  practical  problems  for  solution. 
Make  the  pupils  obtain  material  or  data  for  problems 
of  their  own.  Require  explanation  or  reasoning  only 
so  far  as  the  pupil  can  understand  it.  Avoid  all  mere 
repetitions  of  formulas  of  words. 

Geography.  Begin  with  the  western  continent. 
Teach  its  divisions.  Then  take  the  United  States 
as  a  whole,  and  teach  its  subdivisions  ;  then  the  New 
England  States  and  lastly  Rhode  Island  in  detail. 
Have  the  pupils  draw  maps  of  all  countries  or  locali- 
ties studied. 

Vocal  Music.  Review  of  preceding  topics,  with 
definitions.  Teach  relative  and  absolute  pitch. 

Drawing.  Free-hand  from  memory.  Free-hand 
from  flat  copies.  Dictation  exercises.  Original  de- 
sign. 

General  Exercises.  Elementary  lessons  on  the  facts 
of  Botany  and  Mineralogy.  Have  pupils  make  col- 
lections. Manners  and  Morals  enforced  as  before  by 
anecdote,  precept  and  example. 

SIXTH    YEAR. 

Heading.     Fourth  Reader  begun,  with  analyses. 


COURSE    OF    STUDIES.  251 

Spelling.  Special  attention  to  syllabication.  Look 
out  for  all  geographical,  historical  and  biographical 
names  which  occur  in  the  other  studies. 


Two   numbers    of    the   copy-books. 
Carry  on  systematic  drill  for  a  short  time  each  day. 

Arithmetic.  Through  fractions,  common  and  deci- 
mal. Finish  the  Metric  System.  Take  examples  and 
problems  from  daily  life. 

Language.  Grammatical  forms,  and  simple  analy- 
sis. Frequent  written  exercises.  Let  each  be  brief, 
but  for  a  specific  purpose. 

Geography.  Complete  the  United  States  and  the 
rest  of  North  America. 

Vocal  Music.  Daily  practice  in  reading  simple  mu- 
sic written  in  the  scale  of  C  and  G.  Teach  two-part 
songs  by  note.  Practice  in  semi-tones. 

Drawing.  Continue  same  course  as  last  year,  with 
addition  of  object  drawing  and  of  models  from  flat 
copy. 

General  Exercises.  Exercises  in  Zoology,  with 
those  birds  and  animals  which  can  be  obtained,  or 
which  are  familiar  to  the  pupils.  Manners  and  Mor- 
als to  be  strictly  conserved. 

SEVENTH  YEAR. 

Beading.  Fourth  Reader  concluded,  and  reading 
matter  from  various  sources.  Recitations  of  selec- 
tions. Require  careful  study  of  the  lesson,  for  the 
thought,  and  secure  the  corresponding  proper  expres- 
sion. 


252  SCHOOL    MANUAL. 


Spelling.     Continue  as  in  preceding  year. 

Penmanship.  Two  numbers  of  the  copy-books, 
with  the  regular  drill  exercises. 

Arithmetic .  Compound  Numbers  and  Percentage. 
Let  examples  be  such  as  shall  give  the  pupils  facility 
in  their  work. 

Language.  Continue  analysis.  Take  up  the  sim- 
pler rules  of  syntax.  Note  and  explain  false  syntax 
as  it  is  found  in  the  compositions  or  in  conversation. 
Teach  the  work  of  making  out  a  plan  for  a  composi- 
tion. 

Geography.  South  America  and  Europe.  Follow 
the  principle  of  giving  less  and  less  detail,  the  farther 
the  country  is  from  the  United  States,  or  the  less  im- 
portant it  may  be. 

Vocal  Music.  Teach  interval ;  compound  intervals 
in  the  scale,  and  their  names ;  intermediate  tones, 
transpositions  of  the  scale,  and  to  read  in  the  scales 
of  G,  D,  A  and  E. 

Drawing.  Teach  the  principles  of  design.  Free- 
hand and  memory  work  continued. 

General  Exercises.  Lessons  on  the  human  body, 
with  special  reference  to  care  of  health.  Manners  and 
Morals  in  relation  to  health. 

,  EIGHTH   YEAR. 

Reading.  Fifth  Reader.  Outside  selections.  Work 
up  all  references  in  the  reading  lesson,  wiiich  would 
throw  light  upon  it. 


COURSE    OF    STUDIES.  253 

Spelling.  Frequent  reviews  of  the  work  of  the  ear- 
lier years  should  be  interspersed  in  the  regular  lessons. 
Continue  the  spelling  of  all  technical  words  which  oc- 
cur in  the  regular  studies. 

Penmanship.     Business  forms,  bills,  letters,  etc. 

Arithmetic.  Interest,  simple  and  compound,  with 
all  of  the  common  applications  of  both  percentage  and 
interest. 

Language.  Continue  analysis  and  work  in  syntax. 
Increase  the  scope  of  the  compositions.  Begin  to 
correct  and  explain  the  simpler  rhetorical  errors. 

Geography.     Asia  and  Africa. 

History.  United  States  History,  by  topics,  as  far 
as  time  or  circumstances  will  allow. 

Vocal  Music.  Review  work  of  previous  year. 
Teach  the  scales  of  D,  A  and  E,  and  first  and  second 
transposition  by  flats.  Practice  reading  in  any  scale 
already  taught,  naming  by  letters  or  syllables,  any  in- 
termediate tone  that  may  be  introduced. 

Drawing.     Same  as  last  year. 

General  Exercises.  Simple  lessons  in  the  elements 
of  Natural  Philosophy.  Manners  and  Morals  not  to 
be  overlooked. 

NINTH    YEAR. 

Reading.  Fifth  Reader  completed.  Selections  from 
the  best  authors. 

Spelling.     General  review,  both  oral  and  written. 

22 


254  SCHOOL    MANUAL. 


Arithmetic.  Review  from  the  beginning.  Square 
and  cube  root,  mensuration  and  such  other  advance 
topics  as  may  be  desired,  or  as  time  may  permit. 

Book- Keeping.  The  fundamental  principles  of  debt 
and  credit.  Simple  forms  of  accounts  for  ordinary 
purposes.  Business  details  and  other  matters  con- 
nected therewith. 

Language.  Critical  study  of  good  atithors,  both 
for  grammatical  matter,  and  also  for  rhetorical  points. 
Composition  continued,  special  care  being  given  to  all 
subjects  previously  taught. 

Geography.  The  main  features  of  physical  geog- 
raphy. Show  particularly  effect  of  climate,  etc.,  upon 
productions  and  the  forms  of  animal  life. 

History.  United  States  History  concluded,  with  as 
much  local  history  as  time  permits. 

Vocal  Music.  Reviews.  Teach  scales  of  E  flat  and 
A  flat.  Sing  two  and  three  part  songs.  Pay  special 
attention  to  those  singing  the  lower  part. 

Drawing.  Free-hand  exercises,  with  design.  Geo- 
metrical drawing. 

General  Exercises.  .  Lessons  in  Natural  Philosophy 
or  Elementary  Chemistry.  Manners  and  Morals  kept 
prominently  before  the  pupils. 


Suggestions.  In  the  introduction  of  this  scheme 
into  any  school,  care  must  be  taken  that  only  so  much 
be  attempted  as  the  present  condition  of  the  school 


COURSE    OF    STUDIES.  255 

demands.  While  the  work  is  laid  out  by  years,  it 
should  be  kept  in  mind  that  the  order  of  the  topics  is 
of  primary  importance.  It  may  be  necessary  to  in- 
crease or  diminish  the  length  of  time,  but  the  line  of 
progression  should  be  rigidly  followed. 

The  "course"  has  been  made  more  full  than  per- 
haps the  majority  of  schools  would  at  present  demand, 
or  the  teachers  be  prepared  to  carry  into  practice.  It 
is  hoped,  however,  that  it  is  not  too  high  an  ideal  for 
any  to  strive  for.  At  first  such  studies  can  be  selected 
as  are  demanded,  or  are  within  the  mastery  of  the 
teachers  ;  leaving  the  others  to  be  introduced  as  op- 
portunity shall  offer.  Success  in  the  introduction  of 
this,  or  any  course  of  studies,  will  depend  upon  the 
attention  which  is  given  to  the  work  of  the  schools 
by  the  superintendent  and  committee.  It  will  not  run 
itself  any  better  than  any  other  machine.  It  must  be 
guided. 


256  SCHOOL    MANUAL. 


FORMS. 


These  forms  have  been  prepared  in  order  to  assist 
those  who  may  be  disposed  to  undertake  any  office  or 
duty  under  the  school  laws,  to  save  them  expense  and 
trouble,  and  to  bring  about  a  uniformity  of  practice, 
as  far  as  can  be  done.  These  forms,  with  the  excep- 
tion of  the  oath  of  office,  are  not  prescribed  by  law, 
but  are  believed  to  conform  substantially  to  the  law, 
and  to  be  safe  precedents. 


1.      Warrant   or    Certificate    of   Election    of   School 
Officers. 

To  of  greeting : 

This  certifies  that  you,  the   said  were   at   a 

[town    or  district]  meeting,  held  on    the  day 

of  A.  D.  18      chosen  to  the  office  of  of 

[the  town  or  district  No.  ]  and  are  by  virtue  of 
said  appointment  fully  authorized  and  empowered  to 
discharge  all  the  duties  of  said  office,  and  to  exercise 
all  the  powers  thereto  belonging,  according  to  law. 

[L.  s.]  Witness  my  hand,  and  the  seal  of  said  [town 
or  district]  hereto  affixed  by  me,  this 

day  of  A.  D.  18 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  257 


2.     Form  of  Oath  to   be  taken  by  all  School  Officers. 

I,  [naming  the  person]  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  and  impartially  discharge 
the  duties  of  the  office  of  [naming  the  office]  accord- 
ing to  the  best  of  my  abilities,  and  that  I  will  support 
the  constitution  and  laws  of  this  State  and  the  consti- 
tution of  the  United  States,  so  help  me  God ;  (or,  this 
affirmation  I  make  and  give  upon  the  peril  of  the  pen- 
alty of  perjury)  according  to  Chap.  23,  Sect  4,  Public 
Statutes. 


3.     Certificate  of  En'j<"jtjm^nt  of  School  Officers. 

Town  of  A.  D.  18 

Before  the  subscriber  personally  appeared 
and  took  an  oath  to  support  the  constitution  of  the 
United  States,  the  constitution  and  laws  of  this  State, 
and  faithfully  to  discharge  the  duties  of  the  office  of 
school  committee  [or  clerk,  trustee,  treasurer  of 
school  district  No.  ,  as  the  case  may  be]  so  long  as 
he  continues  therein. 

A.  B.,  Justice  of  the  Peace, 
or  Notary,  as  the  case  may  be. 


4.     Certificate  to  a  Teacher  from  a  Committee. 

This  certifies  that  has  passed  a  satisfactory 

examination  in  the  branches  required  to  be  taught, 
and  has  given  evidence  of  good  moral  character,  and 
authority  is  hereby  given  to  teach  the  de- 

22* 


258  SCHOOL    MANUAL. 


partment  iu  the  public  schools  in  district  No.       of 
this  town  for  from  date  unless  this  certificate  is 

sooner  annulled. 
Town. 

Date. 

Chairman. 

Clerk. 

Supt. 

NOTE.    The  above  need  not  be  signed  by  more  than  one  of  the  officers 
designated. 


5.     Form  for  Annulling  a  Certificate. 

To  the  trustees  of  school  districts  in  the  town  of 

and  all  others  it  may  concern  : 

Whereas,  the  school  committee  of  this  town  did,  on 
the  day  of  A.  D.  18       issue  to  of 

a  certificate  of  qualification  as  a  teacher  in  the 
public  schools  :  Now,  know  ye,  that  upon  further  ex- 
amination, investigation  and  trial,  the  said  has 
been  found  deficient  and  unqualified  [or  the  said 
has  refused  to  conform  to  the  regulations  made  by  the 
committee,  as  the  case  may  be],  and  we  do,  therefore, 
by  the  authority  given  us  by  law,  declare  the  said  cer- 
tificate to  be  annulled  and  void  from  this  date,  of 
which  all  persons  whose  duty  it  is  to  employ  teachers 
of  public  schools,  are  hereby  requested  to  take  notice. 

By  order  and  in  behalf  of  the  school  committee  of 
'the  town  of 

Date.  Chairman  or  Clerk. 

NOTE.  If  a  complaint  is  made  against  a  teacher,  it  will  be  imperative 
that  he  shall  be  notified  for  at  least  five  days  before  a  decision  on  his  case. 
And  notice  of  the  annulling  should  be  immediately  given  to  the  trustees  of 
the  district,  and  generally,  in  order  to  prevent  his  being  again  employed. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  259 


6.     Memorandum  of  a  Contract  with  a  Teacher. 

This  agreement,  made  this  day  of  A.  D. 

18  between  A.  B.,  etc.  [trustee,  school  committee 
or  agent  appointed  by  the  school  committee,  as  the 
case  may  be],  of  on  the  one  part,  and  X.  Y.,  of 

on  the  other  part,  witnesses,  that  the  said  X.  Y. 
hereby  agrees  to  teach,  for  the  compensation  herein 
mentioned,  the  school  in  and  for  said  district 

or  town,  at  [specify  the  building,  if  desired],  for 
the  term  of  months  [or  weeks]  commencing 

and  ending  and  the  said  X.  Y.  further  engages 

to  exert  the  utmost  of  his  ability  in  conducting  said 
school,  and  improving  the  education  and  morals  of  the 
scholars  ;  to  keep  such  registers  and  make  such  re- 
turns to  the  trustees  and  to  the  school  committee  as 
may  be  required  of  him,  and  in  all  respects  to  con- 
form to  all  such  regulations  for  the  government  of 
said  school  as  may  be  made  by  the  school  committee 
of  said  town,  and  to  the  provisions  of  the  laws  regu- 
lating public  schools.  And  in  case  the  certificate  of 
qualification  of  said  X.  Y.  should  be  annulled,  or  if 
he  shall  not  keep  the  register  and  make  return,  as 
aforesaid,  or  should  violate  such  regulations  as  afore- 
said, this  agreement  from  thenceforth  shall  be  of  no 
effect.  And  the  said  [committee,  trustee  or  agent] 
agree  to  pay  the  said  X.  Y.  therefor  at  the  rate  of 
per  month  [or  per  week] ,  to  be  paid  at  the  end 
of  each  month  [or  the  term]  out  of  the  school  money 
by  law  apportioned  to  said  district,  and  the  legal 
assessments  which  may  be  made,  and  in  no  event  out 
of  the  private  property  of  the  contractor.  And  it 
is  further  agreed,  that  the  possession  of  the  school- 


260  SCHOOL    MANUAL. 


house  and  its  appurtenances  shall  at  all  times  be  con- 
sidered as  being  in  the  trustees  [or  school  committee 
or  superintendent] . 

[L.  s.]     Witness  our  hands  and  seals  hereto,  the   day 
first  above  mentioned. 


Sealed  and  executed 
in  presence  of 


7.     Notice  of  a  Meeting  of  a  District  called  by  the 
School  Committee. 

Notice  is  hereby  given  that  there  will  be  a  meeting 
of  the  legal  voters  of  school  district  No.  in  the 
town  of  at  the  school-house  in  said  district  [if 

no  school-house,  then  the  school  committee  must  ap- 
point a  place],  at  o'clock  in  the  noon,  on 
the  day  of  A.  D.  18  for  the  purpose  of 
organizing  said  district,  of  electing  officers  for  said 
district  for  the  ensuing  year,  of  considering  the  expe- 
diency of  building  [or  repairing]  the  school-house  in 
said  district,  and  laying  a  tax  on  the  ratable  property 
of  the  district  therefor,  and  of  transacting  any  other 
business  which  may  lawfully  come  before  said  meeting. 

By  order  and  in  behalf  of  the  school  committee  of 
said  town. 

Date.  Chairman,  or  Clerk. 


8.     Notice  of  Annual  District  Meeting. 
To  the  legal  voters  of  school  district  No.         of  the 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.     261 

town  of  the  annual  meeting  of  for  the 

choice  of  officers  and  the  transaction  of  any  other 
business  which  may  lawfully  come  before  it,  will  be 
held  at  on  the  day  of  A.  D.  18 

at         o'clock  in  the  noon. 

Date. 

Trustee  or  Trustees. 


9.     Notice  of  Special  Meeting. 

A  special  meeting  of  the  legal  voters  of  school  dis- 
trict No.  in  the  town  of  will  be  held  at 
the  district  school-house,  on  the  day  of 
A.  D.  18  at  o'clock  [P.  M.],  for  the  purpose 
of  [here  insert  every  object  that  is  to  be  brought  be- 
fore the  meeting]. 

(Signed)  A.  B.,  Trustee. 

NOTE.  All  notices  of  district  meetings  must  be  posted  in  two  or  more 
public  places,  or  published  in  some  newspaper,  for  at  least  five  days  before 
the  mooting.  That  is,  a  notice  for  a  meeting  on  a  Saturday  must  be  posted 
the  preceding  Monday.  If  called  by  the  trustees  at  the  request  of  five 
qualified  voters,  the  notice  must  be  posted  within  two  days  from  the  time 
the  request  was  made.  Care  should  always  be  taken  to  preserve  evidence 
of  the  proper  notification  of  the  meeting.  Every  notice  should  be  dated, 
and  signed  only  by  the  committee  or  trustees. 


10.  '  Form  of  Request  to  be  made  by  five  Legal  Voters 

of  a  District  to  the  District   Trustees  for  the 

calling  of  a  Sf)ecial  Meeting. 

To  the  District  Trustees  of  School  District  No. 

The  undersigned,  legal  voters  of  school  district  No. 
of  the  town  of  request  you,  in  pursuance 


262  SCHOOL    MANUAL. 


of  the  school  law,  to  call  a  special  meeting  of  said 
district,  for  the  purpose  of 

Dated  this  day  of  A.  D.  18 

(Signed) 


11.     Commencement  of  District  Records. 

For  first  meeting.     At  a  meeting  of  the  legal  voters 
of  school  district  No.         of  the  town  of  called 

by  the  school  committee  of  said  town,  and  notified 
according  to  law  [here  in  some  cases  it  may  be  advis- 
able to  state  particularly  how  the  notice  was  given], 
and  held  according  to  notice  at  the  district  school- 
house  [or  as  the  case  may  be] ,  on  the  day  of 
A.  D.  18  at  o'clock  in  the  noon. 

For  annual  meeting.     At  the  annual  meeting  of  the 
legal  voters  of  school  district  No.  of  the  town 

of  notified  by  the  trustees  of  said  district  ac- 

cording to  law  [in  some  cases  specify  as  above] ,  and 
held  according  to  notice  at  the  district  school-house 
[or  as  may  be],  on  the  day  of  A.  D.  18 

at         o'clock  in  the  noon. 

For  special  meeting.     At    a   meeting    of    the  legal 
voters  of  school  district  No.         of  the  town  of  . 
held  (in  pursuance  of  an  application  to  the  trustees) 
at  on  and  which  meeting  was  duly  notified 

by  the  trustees  as  the  law  requires. 

For  adjourned  meeting.     At  a  meeting  of  the  legal 
voters  of  school  district  No.         of  the  town  of 
held  according  to  adjournment,  at  on 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  263 


12.     Record  of  the  Choice  of  Officers,  etc. 

The  following  named  persons  were  chosen  to  the 
offices  set  against  their  respective  names,  viz.  : 

C.  D.,  Clerk,  etc.  A.  B.,  Moderator. 

Or,  instead  of  the  above,  say  — 

Voted,  that  A.  B.,  be  appointed  moderator  of  this 
meeting. 

Voted,  that  C.  D.,  be  appointed  clerk  [or  trustee, 
treasurer,  etc.],  of  this  district   [in  place  of  O.  P., 
resigned,  etc.,  if  such  be  the  case],  to  hold  his  office' 
until  the  next  annual  meeting,  and  until  his  successor 
is  appointed. 

The  clerk  then,  in  presence  of  the  meeting,  took  the 
oath  in  the  form  prescribed  in  chapter  23,  section  4, 
of  the  Public  Statutes,  administered  by  E.  F.,  Esq., 
moderator  [or  notary  public,  justice  of  the  peace,  or 
town  clerk,  as  the  case  may  be]. 

It  was  moved  by  A.  B.,  and  seconded  by  C.  D., 
that  and  after  discussion  the  question  was  put 

and  the  motion  was  rejected,  or  adopted. 


13.      Vote  of  District   to   devolve   care   of  School  on 
School  Committee. 

Voted,  (if  the  school  committee  of  this  town  con- 
sent thereto  and  accept  thereof) ,  that  all  the  powers 
and  duties  of  this  district,  and  the  trustees  thereof, 
relating  to  keeping  public  schools  in  this  district  be, 
and  they  are  hereby  devolved  on  said  school  commit- 


264  SCHOOL    MANUAL. 


tee,  until  this  district  shall  choose  a  new  trustee  or 
trustees,  or  shall  otherwise  legally  direct. 

NOTE.    A  copy  of  this  vote,  with  a  proper  heading,  "At  a  meeting  of," 
etc.,  attested  by  the  clerk,  should  be  furnished  to  the  committee. 


14.      Vote  of  District  to  build  School-house. 

Voted,  that  a  school-house  be  erected  at  or  upon 
for  the  use  of  the  public  schools  in  this  dis- 
trict, and  that  be  a  committee  to  cause  the 
same  to  be  erected,  the  said  committee  first  procuring 
the  plans  and  specifications  for  the  building,  to  be  ap- 
proved by  the  committee  of  the  town,  according  to 
law,  and  that  the  said  shall  have  full  power, 
in  the  name  and  behalf  of  the  district,  to  sign,  seal 
and  execute  any  contracts  which  may  be  necessary  to 
carry  out  this  vote,  to  superintend  the  execution  of 
said  contracts,  and  to  do  any  other  matter  or  thing 
which  may  be  necessary  to  carry  out  this  vote. 

NOTE.    The  location,  (unless  before  made),  must  be  made  by  the  school 
committee. 


15.     Form  of  Contract  to  build  School-house. 

Articles  of  agreement  made  and  executed  on  the 
day  of  A.  D.  18       between  A.  B.,  of  on 

the  one  part,  and  School  District  No.  of  the 

town  of  county  of  State  of  on  the 

other  part. 

The  said  A.  B.,  for  himself,  his  heirs,  executors  and 
administrators,  doth  hereby  covenant  and  agree  with 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  265 

the  school  district  and  their  assigns,  that  he,  the  said 
A.  B.,  his  heirs,  executors  and  administrators,  for  the 
considerations  herein  expressed,  shall,  and  will,  with- 
in the  space  of  months  from  the  date  hereof, 
erect,  build,  and  completely  cover  over  and  finish  upon 
[here  describe  the  lot] ,  and  upon  such  spot  in  said  lot 
as  said  school  district  or  their  proper  officers  may  di- 
rect, a  house,  out-buildings  and  fences,  for  the  purpose 
of  a  district  school-house  and  appendages,  according 
to  plans,  elevation  and  specifications  more  particularly 
expressed  in  a  schedule  hereto  attached  and  signed  by 
said  parties,  and  which  is  hereby  made  part  and  par- 
cel of  this  agreement ;  and  also  shall  and  will  perform 
and  execute  all  the  works  mentioned  in  the  said  sched- 
ule, and  in  the  manner  therein  mentioned,  and  within 
the  time  aforesaid ;  and  also  shall  and  will  furnish 
and  provide  at  his  own  charge,  good  and  sufficient 
materials  of  the  sorts  and  quality  expressed  in  said 
schedule,  and  all  such  other  materials  as  may  be  nec- 
essary for  the  erecting  and  fully  completing  the  house, 
out-houses  and  fences  aforesaid,  according  to  the  plans 
and  specifications  aforesaid. 

And  it  is  further  agreed  between  said  parties,  that 
if  the  said  A.  B.,  his  heirs,  executors  or  administra- 
tors, shall  not,  within  the  space  of  time  above  men- 
tioned,, finish  and  complete  all  said  works  as  aforesaid, 
then  said  school  district,  or  their  agent,  may  go  on 
and  complete  said  works,  at  the  cost  and  charge  of  the 
said  A.  B.,  his  heirs,  executors  and  administrators, 
and  may  deduct  the  same  from  the  compensation  here- 
in agreed  to  be  paid  for  said  buildings  and  works  ;  and 
the  said  A.  B.,  his  heirs,  executors  and  administrators, 
shall  also  be  liable  for  any  other  damages  incurred 

23 


266  SCHOOL    MANUAL. 


by  said  district  by  said  failure,  and  shall  also  be  liable 
to  said  district  for  any  damages  incurred  by  any  other 
unreasonable  delay  in  completing  the  works  aforesaid. 

And  the  said  school  district  doth  hereby  covenant 
and  agree  with  the  said  A.  B.,  his  heirs,  executors, 
administrators  and  assigns,  that  upon  the  completion 
of  said  works  as  aforesaid,  the  said  school  district 
shall  and  will  pay  to  the  said  A.  B.,  his  executors, 
administrators  or  assigns,  on  or  before  the  day 

of  A.  D.  18  the  sum  of  dollars,  as  full 

compensation  for  his  services  in  building  and  complet- 
ing said  works. 

And  it  is  further  agreed,  that  if  said  school  district 
or  their  agents  shall  direct  any  more  work  to  be  done 
upon  or  around  said  buildings  than  is  hereinbefore 
agreed,  the  said  district  shall  pay  the  expense  thereof, 
in  addition  to  the  compensation  aforesaid.  And  if 
said  district  or  their  agents  shall  direct  to  omit  or 
diminish  any  part  of  the  work  hereinbefore  agreed  to 
be  done  and  expressed  in  said  schedule,  then  there 
shall  be  deducted  from  said  compensation,  a  reasona- 
ble sum,  according  to  the  proportion  said  work  omit- 
ted may  bear  to  the  work  herein  first  agreed  to  be 
done.  And  said  district  or  their  proper  agents  shall 
have  a  right  to  direct  any  additions  or  omissions  as 
aforesaid,  and  the  party  of  the  other  part  shall  be 
bound  to  comply  with  and  perform  the  said  directions. 

[Clause  to  refer  to  arbitration.] 

And  lastly,  it  is  hereby  agreed  between  the  parties 
aforesaid,  that  if  any  dispute  shall  happen  between 
the  said  district  or  its  agents,  and  the  said  A.  B.,  his 
heirs,  executors,  administrators,  or  assigns,  in  rela- 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  267 

tion  to  the  buildings  herein  agreed  to  be  erected,  work 
to  be  done,  the  payment  of  the  money,  or  concerning 
the  value  and  expense  of  any  work  directed  to  be 
added  or  omitted  as  hereinbefore  mentioned,  or  con- 
cerning any  other  matter  or  thing  whatever,  relating 
to  the  construction  of  this  agreement,  or  the  amount 
of  any  damages  claimed  by  either  party,  under  its 
provisions,  or  for  any  alleged  violation  thereof,  then 
in  such  case  such  dispute  shall,  upon  the  demand  of 
either  party,  be  left  to  the  award  and  determination  of 
three  indifferent  persons,  one  to  be  appointed  in  writ- 
ing by  each  of  said  parties,  immediately  thereafter, 
and  a  third  to  be  appointed  in  writing  by  the  two  per- 
sons so  first  named.  And  the  said  parties  hereby 
covenant  and  agree  with  each  other,  that  they  will 
severally  abide  by,  perform  and  keep  the  award  and 
determination  of  the  said  three  persons,  or  any  two  of 
them,  touching  said  disputes,  provided  said  award  be 
made  under  the  hands  and  seals  of  said  arbitrators  or 
any  two  of  them,  within  from  the  time  of  said 

reference. 

In  testimony  whereof,  the  said  A.  B.  hath  hereto 
set  his  hand  and  seal,  and  said  district,  have  here- 
to affixed  their  seal  by  the  hands  of  duly 
authorized  for  that  purpose,  who  hath  [or  have] 
hereto  also  set  their  own  hands. 

Names  of  committee  or  agents.     [L.  s.] 

Sealed  and  delivered 

in  presence  of  [L.  s.] 

NOTE.  If  the  district  wishes  a  surety  for  the  performance  of  a  contract 
of  A.  B.,  it  may  be  taken  by  a  bond,  conditioned  for  the  performance  by  A. 
B.  of  the  covenants  and  agreements  in-an  instrument  dated  [and 

then  briefly  describe  it.] 


268  SCHOOL    MANUAL. 


16.     Record  of  a  Vote  of  District  to  Tax. 

At  the  annual  meeting  of  the  legal  voters  of  school 
district  No.         of  the  town  of  held  at 

on  according  to  legal  notice  issued  and  signed 

by  and  posted  up  at  for  the  five  days 

previous  required  by  law  [or,  at  a  special  meeting 
of,  etc.,  called  by,  etc.] 

Whereas,  this  district  has  voted  to  build  a  school- 
house  in  and  for  said  district  [or,  to  repair  the  district 
school-house,  whatever  the  cause  may  be], 

Voted,  that  for  the  purpose  of  defraying  the  expense 
thereof,  a  tax  of  the  sum  of  dollars  [or  of 

cents  on  the  hundred  dollars]  be  assessed  upon,  levied 
and  collected  from  the  ratable  property  in  this  district, 
in  manner  provided  by  law,  [and  according  to  the  es- 
timate, apportionment  and  value  which  shall  be  affixed 
to  said  ratable  estates  in  the  assessment  and  tax  bill 
of  this  town  which  shall  next  be  completed  after  the 
date  of  this  vote]. 

NOTE.  The  above  form  is  a  proper  one  to  submit  to  the  committee  for 
their  approval.  It  should  be  signed  by  the  clerk  of  the  district. 

In  case  nothing  is  said  about  valuation,  the  law  directs  the  tax  to  be 
assessed  on  the  last  previous  town  valuation.  If,  however,  the  district 
wishes  it  assessed  on  the  next  valuation,  it  can  be  done  by  including  the 
last  clause. 

Cautions  for  District  Meetings  about  to  assess  a  tax. 

If  there  is  any  doubt  about  the  boundaries  of  the  district,  have  them  de- 
fined by  the  committee. 

Have  the  meeting  notified  for  the  proper  length  of  time,  the  notices  put 
up  as  required,  and,  if  the  meeting  is  a  special  one,  let  the  notice  express 
clearly  the  object  of  the  meeting,  and  evidence  of  the  notice  should  be  pre- 
served. 

See  that  only  tax-payers  vote  on  the  proposition. 

Have  all  the  officers  properly  engaged.  Specify  the  amount  or  rate  of  tax, 
and  when  to  be  collected. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.     269 


The  district  may  give  the  collection  to  the  regular  collector,  if  there  be 
one,  or,  if  there  be  none,  may  appoint  a  collector,  or  may  vote  to  have  it 
collected  by  the-  town  collector. 

The. district  need  not,  but  may,  require  bonds  of  the  collector  or  treas- 
urer; if  they  do  they  should  fix  the  sum  and  approve  the  sureties. 

They  should  agree  with  the  collector  for  his  fees,  otherwise  he  will  be  en- 
titled to  five  per  cent. 

They  may  offer  a  deduction  to  those  who  pay  on  or  before  a  specified 
time,  and  may  impose  a  percentage  on  those  who  do  not  pay  xintil  after 
such  time. 

The  location  of  the  house,  the  plan  of  the  house  or  repairs,  and  the 
amount  of  the  tax,  must  all  be  approved  by  the  school  committee,  if  not 
already  done. 


17.     Form  of  a  Tax  Bill. 

Assessment  of  the  taxes  upon  the  ratable  estates  in 
school  district  No.      of  the  town  of  made  by  the 

trustees  thereof,  according  to  law,  this  day  of 

A.  D.  18       for  the  purpose  of  raising  the  sum 
of  dollars,  according  to  a  vote  of  said  district, 

passed  on  the  day  of  A.  D.  18 


Names.  Real,    j    Personal. 

' 


Total.        Tax 


NOTE.  The  trustees  must  sign  the  tax  bill.  If  the  town  assessors  are  ap- 
plied to,  it  would  be  well  to  have  them  make  their  certificate  at  the  foot  of 
the  tax  bill,  and  sign  it.  The  real  and  personal  lists  must  be  kept  separate. 


18.      Warrant  to  Collect  a  Tax, 

To  A.  B.,  collector  of  taxes  of  school  district  No. 
of  the  town  of  county  of  and  State 

of   Rhode    Island    and   Providence   Plantations : — 

GREETING 
You,  having  been  appointed  collector  of  taxes  for 

said  district,  are  hereby,  in  the  name  of  said  State, 

23* 


270  SCHOOL    MANUAL. 


authorized  and  required  to  proceed  and  collect  the  tax 
specified  in  the  annexed  rate  bill,  according  to  law, 
and  to  pay  the  same  to  the  treasurer  of  the  district, 
or  to  his  successor  in  office,  and  for  so  doing  this  shall 
be  your  sufficient  warrant. 

Given  under  my  hand  and  seal,  at  this 

day  of  A.  D.  18 

C.  D.  [L.  s.] 

Trustee  of  said  school  district. 

NOTE.  The  trustee  must  issue  and  sign  this  warrant  in  addition  to  the 
tax  bill  as  above.  The  collector  should  also  receive  from  the  district  clerk  a 
warrant  or  formal  certificate  of  election,  which  may  be  in  substance  accord- 
ing to  the  form  Xo.  1,  and  then  his  engagement  can  be  certified  upon  the 
back. 

If  a  bond  is  required  the  district  should  approve  the  sum  and  sureties  of 
the  bond,  and  the  clerk  should  certify  the  fact  thereon. 

If  the  town  collector  is  appointed  to  collect  the  tax,  the  above  will  need  to 
be  changed  in  the  first  line  by  striking  out  the  words  "  of  school  district  No. 
"  and  in  the  fourth  line  by  striking  out  the  words  "  for  said  district  "  and 
inserting  the  words  "  by  school  district  No.  of  said  town." 


19.     District  Treasurer's  Bond. 

Know  all  men,  that  we,  A.  B.,  of  county 

of  and  State  of  Rhode  Island  and  Providence 

Plantations,  as  principal,  and  C.  D.,  of  county 

of  and  State  aforesaid,  as  surety  [or  sure- 

ties to  the  satisfaction  of  the  district],  are  firmly 
held  and  bound  unto  the  school  district  No.  of  the 
town  of  and  State  aforesaid,  in  the  full  sum  of 

[to  be  fixed  by  the  district]  to  be  paid  to  the  said 
school  district  or  their  assigns,  to  which  we  hereby 
jointly  and  severally  bind  ourselves,  our  several  and 
respective  heirs,  executors  and  administrators. 

Sealed  and  dated  the         day  of         A.  D.  18 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  271 

The  condition  of  the  foregoing  obligation  is,  that 
whereas  the  said  A.  B.  was,  at  a  meeting  of  said 
school  district,  holden  ,  appointed  treasurer  of 

said  district.  Now,  if  he  shall  faithfully  discharge 
the  duties  of  said  office  during  his  continuance  therein, 
and  at  the  expiration  of  his  office,  he  or  his  executors 
or  administrators  shall  exhibit  a  true  account,  if  re- 
quired, and  deliver  over  to  his  successor,  or  the  order 
of  the  district,  all  books,  papers  and  moneys  belong- 
ing to  the  district,  in  his  hands,  then  the  above  obliga- 
tion is  to  be  void,  otherwise  to  remain  in  force. 

Executed  in  presence  of 

......  [L.  ».] 

[L.    ..] 


NOTE.  It  may  be  advisable  for  the  treasurer  to  receive  a  formal  certifi- 
cate of  appointment,  or  warrant,  and  then  his  engagement  can  be  endorsed 
upon  it.  The  above  bond  need  not  be  given  unless  the  district  require  it. 


20.     District  Collector's  Bond. 

Know  all  men,  that  we,  A.  B.,  of  State  of 

Rhode  Island  and  Providence  Plantations,  as  princi- 
pal, and  C.  D.,  of  as  surety,  are  firmly  held  and 
bound  unto  E.  F.,  of  ,  treasurer  of  school  dis- 
trict No.  in  the  town  of  and  State  aforesaid, 
in  the  full  sum  of  [to  be  fixed  by  the  district,  not  ex- 
ceeding double  the  tax]  to  be  paid  to  said  his 
successors  in  said  office,  or  assigns,  to  which  we  jointly 
bind  ourselves,  our  several  and  respective  heirs,  exec- 
utors and  administrators. 

Sealed  and  dated  this         day  of         A.  D.  18 

The  condition  of  this  obligation  is,  that  whereas  the 


979 


SCHOOL    MANUAL. 


said  A.  B.  was,  at  a  meeting  of  the  legal  voters  of 
school  district  No.  of  the  town  of  ap- 

pointed collector  of  the  rates  and  taxes  assessed  and 
to  be  assessed  in,  by,  and  upon  said  district,  and  the 
said  A.  B.  has  accepted  said  office  ;  and  whereas  said 
district  on  the  day  of  A.  D.  18  voted 

that  a  tax  of  be  assessed  on  all  the  ratable 

property  in  said  district,  for  the  purpose  of 
and  said  tax  has  been  legally  assessed,  and  the  trus- 
tee of  said  district  hath  issued  his  warrant  to  said  col- 
lector, with  said  rate  bill  annexed,  for  the  collection 
of  said  tax,  the  receipt  of  which  said  rate  bill  and 
warrant  is  hereby  acknowledged,  and  by  which  said 
warrant  said  tax  is  to  be  collected  and  paid  over,  on 
or  before  the  day  of  A.  D.  18  Now 

if  the  said  A.  B.  shall  faithfully  perform  and  dis- 
charge said  office  and  trust,  and  with  diligence  and 
fidelity  levy  and  collect,  as  far  as  may  be  done,  all 
the  taxes  that  have  been,  or  may  be  so  committed  to 
him  for  collection,  during  his  continuance  in  office, 
and  he,  his  heirs,  executors  or  administrators  shall,  at 
all  times  on  proper  demand,  render  an  account  and 
pay  over  all  the  proceeds  of  such  collections  to  the 
treasurer  of  said  district,  or  his  successors  in  office, 
according  to  the  directions  contained  in  the  warrants 
for  their  collection,  then  this  obligation  is  to  be  void, 
otherwise  to  remain  in  force. 
Executed  in  presence  of 


.........................................................        [I-    S-J 

NOTE.  The  district  collector  need  not  give  bond,  unless  required,  but  the 
law  requires  the  town  collector  to  give  a  bond  satisfactory  to  the  school 
committee.  The  above  form  can  be  readily  changed  so  as  to  render  it  suita- 
ble in  case  of  the  town  collector. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  273 


21.     Form  of  Tax  Collector's  Deed. 

To  all  to  whom  these  presents  may  come.     I,  A.  B.,  of 
county  of  and  State  of  Rhode  Island  and 

Providence  Plantations,  collector  of  taxes  of  school 
district  No.         in  said  town,  send  greeting  : — 

Whereas   the   said   school    district,    at   a   meeting 
duly  notified,  and  held  on  the  day   of 

A.  D.  18       voted  that  a  tax  of  dollars  be  as- 

sessed on  the  ratable  property  in  said  district,  for  the 
purpose  of  and  said  tax  was  afterwards,  viz.  : 

on  the  day  of  A.  D.  18      assessed  accord- 

ing to  law,  and  the  tax  bill  in  due  form  delivered  to 
me  the  said  collector,  with  a  warrant  attached  thereto, 
signed  by  the  trustees  of  said  district,  requiring  me 
to  proceed  according  to  law  and  collect  the  said  tax, 
and  pay  over  the  same  to  the  treasurer  of  the  district, 
or  to  his  successor  in  office,  and  whereas  C.  D.,  of 
negl'ected  to  pay  the  tax  assessed  against  him,  and  ex- 
pressed in  the  said  tax  bill,  amounting  to  the  sum  of 
dollars,  and  in  consequence  thereof,  I  did  on 
the  day  of  levy  said  warrant  upon  a  cer- 

tain lot  or  tract  of  land  belonging  to  said  C.  D.,  in 
said  district,  and  did  advertise  the  same  for  sale  ac- 
cording to  law,  at  two  [or  more]  public  places  in  said 
town,  for  twenty  days  previous  to  sale  [and  also  in 
the  newspaper  printed  in  ],  and  on  the 

day  of  A.  D.  18        at  o'clock  in  the 

noon,  on  the  premises,  being  the  time  and  place  ap- 
pointed, I  proceeded  to  sell  at  auction  so  much  of  said 
land  as  was  necessary  to  satisfy  said  tax  and  the  inci- 


'274:  SCHOOL    MANUAL. 


dental  expenses,  and  E.  F.,  of  was  the  highest 

bidder  therefor. 

Now,  know  ye,  that  in  consideration  of  the  sum  of 
dollars,  being  the  amount  of  said  tax  and  ex- 
penses paid  me  by  the  said  E.  F.,  I,  the  said  collector, 
do  hereby  give,  grant,  bargain,  sell  and  convey  unto 
the  said  E.  F.,  his  heirs  and  assigns,  all  the  right, 
title  and  interest  which  said  C.  D.  had  at  the  time  of 
assessing  said  tax,  in  and  to  the  following  described 
tract  of  land,  situated  in  the  district  and  town  afore- 
said, containing  acres  [more  or  less],  and  bounded 
[describe],  or  however  otherwise  bounded,  with  all 
[buildings]  and  appurtenances,  being  so  much  of  said 
land  of  the  said  C.  D.,  levied  on  as  was  necessary  to 
satisfy  said  tax  and  expenses ;  to  have  and  to  hold 
the  same  to  said  E.  F.,  his  heirs  and  assigns  forever, 
subject  to  the  right  of  redemption  provided  by  law. 
And  I,  the  said  A.  B.,  for  myself,  my  heirs,  execu- 
tors and  administrators,  do  covenant  with  said  E.  F., 
his  heirs  and  assigns,  that  I  [have  given  bond  and] 
have  advertised  said  property  as  hereinbefore  stated, 
and  have  complied  with  the  terms  of  the  law  regulat- 
ing the  collecting  of  taxes,  in  respect  to  said  sale,  as 
hereinbefore  stated. 

Witness  my  hand  and  seal,  this  day  of 

A.  D.  18 

A.  B.  [L.  s.] 

Signed,  sealed  and  delivered 
in  presence  of 

Town  of,  etc.,  A.  D.  18  Before  me  the 

subscriber,    appeared   A.   B.,    collector   of    taxes   of 
school  district  No.  of  the  town  of  and 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  275 

acknowledged  the  foregoing  to  be  his  free  act  and 
deed,  and  his  hand  and  seal  to  be  thereunto  affixed. 

O.  P. 
Justice  of  the  Peace,  Notary  Public  or  Town  Clerk. 

NOTE.  In  case  where  town  collector  acts,  the  only  change  in  the  above 
will  be  in  the  third  line,  by  dropping  the  words  "  of  school  district  No." 
In  case  of  unimproved  lands  owned  by  persons  out  of  the  State,  and  also  of 
improved  lands  when  neither  the  owner  nor  occupant  lives  in  the  State, 
notice  of  the  sale  must  be  given  twenty  days  in  a  newspaper.  The  pur- 
chaser under  a  tax  collector's  deed  should  see  that  the  law7  has  been  com- 
plied with,  and  that  his  evidence  of  advertising  is  preserved. 


22.     Form  of  a  Lease. 

These  articles  of  agreement  made  this  day  of 

A.  D.  18         witness  that  A.  B.,  of  doth 

hereby  demise  and  let  unto  the  school  district  No. 
of  the  town  of  [describe  the  room  or  building]  with  the 
appurtenances,  in  consideration  of  the  rents  and  cove- 
nants by  said  school  district  herein  mentioned  to  be 
performed,   to  have  and  hold  the  same  to  the  said 
school  district  and  their  assigns  for  the  space  of 
year,  commencing  on  the  day  of  A.  D.  18 

and  ending  on  the  day  of  A.  D.   18 

for  the  purpose  of  keeping  a  district  school  therein, 
and  holding  such  schools  or  lectures  or  other  literary 
meetings,  or  meetings  of  business,  as  the  school  com- 
mittee or  the  officers  of  said  district  may  deem  advis- 
able for  promoting  the  cause  of  education.  And  the 
said  district  agrees  to  pay  therefor  the  sum  of 
per  annum  as  rent,  and  at  that  rate  for  any  less  time 
than  a  year,  the  payment  to  be  made  to  the  said  A. 


276  SCHOOL    MANUAL. 


B.,  his  heirs  or  assigns,  at  his  residence,  on  the  last 
day  of  the  year  [or  on  the  last  day  of  each  year  in 
the  term] ,  without  any  notice  or  demand  therefor  [pro- 
visions about  repairs,  loss  by  fire,  etc.,  may  be  here 
inserted] . 

Witness  the  hand  and  seal  of  said  A.  B.,  and  the 
seal  of  the  said  district  hereto  affixed  by  by  said 

district  duly  authorized,  the  day  and  year  first  above 
mentioned. 

Sealed  and  executed 
in  presence  of 

[L.  8.] 

[L.  s.] 


23.     Vote  to  take  a  Lease. 

The  district  may  authorize  a  person  to  execute  a 
lease  for  them  by  a  vote  as  follows  : 

"  Voted,  that  the  trustees  of  the  district  [or  treas- 
urer] be  and  they  are  hereby  fully  empowered  to  hire 
a  building  for  the  purposes  of  a  school-house  for  the 
district  [here  specify  the  building,  and  fix  the  time 
and  conditions  or  leave  them  at  discretion],  and  to 
make  and  execute  the  necessary  contracts  therefor, 
and  to  seal,  deliver  and  acknowledge  the  same  in  the 
name  and  behalf  of  the  district. 

NOTE.  If  the  above  lease  is  to  be  acknowledged,  see  the  form  of  ac- 
knowledgment to  No.  26. 

A  certified  copy  of  the  above  vote  should  be  given  by  the  district  clerk  to 
the  person  authorized  to  take  the  lease. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  277 


24.     Deed  to  a  School  District. 

Know  all  men,  that  I,  A.  B.  of  in  the  State 

of  Rhode  Island  and  Providence  Plantations,  in  con- 
sideration of  the  sum  of  paid  me  by  C.  D., 
treasurer  of  school  district  No.  in  the  town  of 
and  State  aforesaid,  the  receipt  of  which  I  ac- 
knowledge, and  am  therewith  fully  satisfied  and  paid 
[if  a  gift,  say,  in  consideration  of  my  desire  to  aid 
and  assist  in  diffusing  the  benefits  of  a  good  common 
school  education  among  the  inhabitants  of  school  dis- 
trict No.  etc.,  as  the  grantor  pleases]  do  here- 
by give,  grant,  enfeoff,  convey  and  confirm  unto  said 
school  district  and  their  assigns,  a  certain  lot  of  land 
situated  in  said  town  of  [describe]  or  however 
otherwise  bounded,  with  all  the  appurtenances  and 
privileges  thereto  belonging,  to  have  and  to  hold  the 
same  forever  to  said  school  district  [and  their  assigns, 
but  if  there  is  a  desire  to  prevent  the  lot  ever  being 
used  for  any  other  purpose,  omit  assigns  and  say,  for 
the  purpose  of  maintaining  thereon  a  district  school- 
house  and  its  appurtenances,  for  the  benefit  of  the 
district  school  of  said  district,  and  for  no  other 
use  or  purpose  whatever].  And  I,  the  said  A.  B., 
do  hereby  for  myself,  my  heirs,  executors  and  ad- 
ministrators, covenant  and  engage  to  and  with  said 
school  district  [and  their  assigns]  that  the  prem- 
ises are  free  of  all  iucumbrauces,  and  I  have  good 
right  to  sell  and  convey  as  aforesaid,  and  that  I, 
my  heirs,  executors  and  administrators  shall  and 
will  for  ever  warrant,  secure  and  defend  the  prem- 
ises to  said  school  district  [and  their  assigns  or  to 


278  SCHOOL    MANUAL. 


and  for  the  purpose  aforesaid],  against  the  lawful 
claims  of  all  persons  whatsoever.  And  I,  E.  F., 
wife  of  the  said  A.  B.,  for  the  consideration  paid  my 
said  husband,  hereby  release  unto  said  school  district 
[and  their  assigns]  all  my  right  of  dower  in  the  prem- 
ises. [If  the  premises  are  under  mortgage,  a  release 
may  be  here  inserted.]  And  I,  G.  H.,  of  in 

consideration  of  the  sum  of  paid  to  me  by 

to  my  full  satisfaction,  do  hereby  give,  grant,  bargain, 
sell,  assign  and  convey  unto  said  school  district  [and 
their  assigns],  all  the  right,  title  and  interest  which  I 
have  in  the  premises  by  virtue  of  any  mortgage  deed 
thereof  [or  of  any  other  claim  or  title  whatsoever.] 
In  witness  whereof  we  have  hereunto  set  our  hands 
and  seals  this  day  of  A.  D.  18 


[L. 


Signed,  sealed  and  delivered 
in  presence  of 


State  of  county  of  town  of  A.  D. 

18         This  day  personally  appeared  before  me 
and    acknowledged  the    foregoing    instrument  to   be 
voluntary  act  and  deed  and  hand  and  seal 

to  be  thereunto  affixed. 

Before  me,  O.  P.,  Justice  of  the  Peace,  Notary  Pub- 
lic or  Town  Clerk  (if  executed  in  Rhode  Island). 

NOTE.  If  the  land  belongs  to  a  married  woman,  her  name  should  be  in- 
serted as  one  of  the  grantors,  and  the  deed  altered  accordingly.  She  must 
acknowledge  separately  from  her  husband.  Use  the  words  of  the  law  in 
the  certificate  of  acknowledgment.  See  Public  Statutes. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  279 


25.      Vote  appointing  an  Attorney  to  sell  land  belong- 
ing to  the  District. 

At  a  meeting  of  the  legal  voters  of  school  district 
No.  of  the  town  of  etc.,  notified  as  the 

law  requires,  and  held  at  on  the  day  of 

A.  D.  18 

Voted,  that  A.  B.,  treasurer  of  said  school  district, 
be  and  he  is  hereby  appointed  the  agent  and  attorney 
of  the  district,  to  sell  at  his  discretion,  a  certain  lot 
of  land,  situated  in  and  belonging  to  the  district,  con- 
taining bounded  with  the  buildings  and 
appurtenances,  and  with  .full  power  to  affix  the  seal  of 
the  district  to  a  deed  or  deeds  conveying  the  same 
[with  covenants  of  warranty  or  not,  as  the  district 
may  vote] ,  and  in  the  name  of  the  district  to  acknowl- 
edge and  deliver  the  same,  and  receive  the  purchase- 
money,  and  give  a  full  discharge  therefor. 

A  true  copy  of  record  :     Witrfess, 

E.  F.,  Clerk  of  said  District. 


26.     District  Land  Deed. 

Know  all  men,  that  the  school  district  No.  of 

the  town  of  county  of  State  of  Rhode 

Island  and  Providence  Plantations,  in  consideration 
of  the  sum  of  paid  to  A.  B.,  treasurer  of  said 

district,  to  and  for  the  use  of  said  district,  by  M.  N., 
of  the  receipt  of  which  is  hereby  acknowledged, 

does  hereby  give,  grant,  bargain,  sell  and  convey  unto 
the  said  M.  N.,  his  heirs  and  assigns,  all  the  right, 


280  SCHOOL    MANUAL. 


title  and  interest  of  said  school  district,  in  and  to  a 
lot  of  land  situated  in  said  district,  containing 
bounded  or  however  otherwise  bounded,  with  all 

buildings  and  appurtenances,  being  the  same  lot  con- 
veyed to  said  district  by  deed  of  H.  I.  To  have  and 
to  hold  the  same  to  said  M.  N.,  his  heirs  and  assigns, 
forever.  In  testimony  whereof,  the  said  school  dis- 
trict have  hereunto  fixed  their  seal,  by  the  hands  of 
said  A.  B.,  their  treasurer,  duly  appointed  for  that 
purpose,  at  a  legal  meeting  of  said  district,  and  the 
said  treasurer  hath  hereunto  affixed  his  own  hand,  this 
day  of  A.  D.  18 

A.  B.,  Treasurer  as  aforesaid.         [L.  s.] 
Signed  and  sealed  in  presence  of 

Acknowledgment. 

State  of  Rhode  Island  and  Providence  Plantations, 
county  of  town  of  A.  D.  18         The  school 

district  No.  of  said  town,  by  A.  B.,  their  treasurer 
and  attorney  for  that  purpose,  by  vote  of  said  dis- 
trict appointed,  acknowledged  the  foregoing  to  be 
their  voluntary  act  and  deed,  and  their  seal  to  be 
thereto  affixed  ;  and  the  said  A.  B.,  treasurer  and  at- 
torney as  aforesaid,  also  acknowledged  his  own  hand 
affixed  thereto,  and  that  the  same  was  the  voluntary 
act  and  deed  of  himself  and  of  the  said  district. 

Before  «ie, 

P.  Q., 

Justice  of   the  Peace,  or  Notary  Public,  or  Town 
Clerk. 

NOTE.  It  will  seldom,  if  ever,  be  advisable  for  a  district  to  give  any- 
thing more  than  a  quit  claim  deed.  If  they  wish  to  insert  any  warranty,  it 
would  be  best  to  consul^  well  informed  attorney. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  281 


27.      Vote  to  lure  Money. 

Voted,  that  the  treasurer  of  this  school  district  be 
and  hereby  is  authorized  to  hire  dollars  for  the 

purpose  of  [here  specify  the  uses  to  be  made  of  the 
money]  and  to  give  the  note  of  the  district  for  the 
same. 

NOTE.    If  any  instructions  as  to  rate  of  interest  or  time  are  to  be  given 
they  should  be  inserted  immediately  after  the  word  "  dollars." 


28.     District  Note. 

$ 

R.  L,  18 

For  value  received  School  District  No.  of  the 

town  of  of   the  county  of  and  State 

of   Rhode  Island,  promises  to  pay  A.  B.,  or  order, 
dollars  on  demand  [or  if  a  time  note,  state  the 
time],  with  interest,  in  accordance  with  the  vote  of 
said  district,  passed  at  a  meeting  held  on  the 
day  of  A.  D.  18 

C.  D.,  Treasurer. 


29.       Vote   of  District   to   establish   a   /Secondary 
/School. 

Voted,  That  this  district  will  unite  with  school  dis- 
trict No.       of  this  town  [or  in  the  adjoining  town  of 
] ,  in  the  establishment  of  a  secondary  school, 
according  to  the  laws  regulating  public  schools,  for 

24* 


282  SCHOOL    MANUAL. 


the  common  benefit  of  both  said  districts ;  provided 
said  school  district  No.  shall  also  give  their  consent 
thereto  [within  from  this  date],  and  that  the 

clerk  of  the  district  furnish  a  certified  copy  of  this 
vote  to  said  school  district  No.  and  also  to  the 
school  committee  that  [if  said  district  consents]  they 
may  take  the  necessary  measures  for  establishing  said 
school. 


30.     Vote  Prescribing  Form  of  District  Seal. 

Voted,  That  the  clerk  of  the  district  cause  to  be 
made  a  seal  for  the  use  of  the  district,  with  the  figure 
of  engraven  thereon,  and  the  letters  or  inscrip- 

tion around  its  margin,  and  that  the  same  is 

hereby  adopted,  and  declared  to  be  the  common  seal 
of  this  corporation,  and  shall  be  kept  by  the  clerk  of 
the  district. 

NOTE.  Every  town,  district,  or  other  corporation,  shall  have  a  common 
seal,  with  a  suitable  device ;  but  if  they  have  no  regular  seal,  any  seal  may 
be  affixed  to  any  instrument  by  their  authority ;  for  instance,  a  piece  of 
paper  attached  by  a  wafer  will  be  considered  to  be  their  seal. 


31.     Order  on  School  Fund. 

To  treasurer  of  the  town  of 

Pay  to  on  account  of  school  district  No. 

of  this  town,  or  order,  the  sum  of  for 

By  order  of  the  school  committee  of  the  town. 

Chairman  or  Clerk. 
Date. 

NOTE.    No  order  can  legally  be  given  on  the  town  treasurer  except  in  pay- 
ment for  services  rendered  or  expenses  actually  incurred. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  283 


32.      Vote  of  School  Committee  to  form  Joint  District. 

Voted,  [the  school  committee  of  the  town  of 
concurring  herewith]  that  a  joint  district  be  formed 
according  to    the  provisions  of   the  acts   relating   to 
public  schools,  to  consist  of  school  district  No. 
of  this  town,  and  school  district  No.         of  said  town 
of         and  that  said  districts  shall  constitute  a  joint 
district  from  the  time  that  the  school  committee  of 
said  town  of  shall  concur  herewith  [or  if  they 

have  already  passed  a  similar  vote  say,  from  and  after 
the  passage  of  this  vote]. 

Voted  further,  that  the  chairman  be  authorized,  in 
conjunction  with  the  school  committee,  of  said  town 
of  to  cause  notices  to  be  posted  up  [in  one  or 

more  places  in  each  of  the  two  districts — specify 
them]  for  the  first  meeting  of  said  joint  district,  to  be 
held  at  on  at  o'clock  in  the 

noon  [or  to  be  held  at  such  time  and  place  as  he  may 
agree  upon  with  the  school  committee  of  said  town  of 
]  and  that  the  clerk  of  the  committee  furnish 
a  certified  copy  of  this  vote  to  the  school  committee 
of  the  said  town  of 

NOTE.  A  notice  signed  by  the  chairman  or  clerk  of  each  committee 
should  be  posted  up  in  one  or  more  places  in  each  district.  After  trustees 
are  elected,  they  will  notify  the  subsequent  meetings. 


33.     Notice  of  Change  in  Text-Books. 

Notice  is  hereby  given  that  a  change  in  text-books 
in  the  study  of  will  be  proposed  for  consider- 


284  SCHOOL    MANUAL. 


ation  at  the  next  regular  meeting,  [or  at  a  meeting  to 
be  held  on  (here  state  the  time)  ] . 
Signed, 

XOTE.    The  above  notice  must  be  given  at  a  regular  meeting  of  the  com- 
mittee. 


34.     An  Appeal. 

To  A.  B.,  commissioner  of  public  schools  of  the  State 
of  Rhode  Island  and  Providence  Plantations  : 
Whereas,  the  school  committee,  [trustees  of  school 
district  No.  of    the  town   of  No.         ], 

did  at  a  meeting  on  the  day  of  A.  D. 

18  pass  a  vote — [here  copy  or  insert  the  substance, 
as  nearly  as  can  be  procured].  I,  the  subscriber,  ac- 
cording to  law,  do  hereby  appeal  to  you  from  said 
vote  or  decision,  and  claim  that  the  same  may  be  re- 
versed. [Here  state  plainly  and  briefly  the  reasons] . 
Signed, 


35.     Notice  of  Appeal. 

To   the    School   Committee   of    the   town   of 

[trustees  of  school  district  No.  in  the  town 
of  ] 

I  hereby  notify  you,  that  in  conformity  with  the 
provisions  of  the  laws  regulating  public  schools,  I  ap- 
peal to  A.  B.,  commissioner  of  public  schools,  from 
[here  specify  the  vote  or  decision  of  the  committee, 
trustees,  or  district,  which  is  complained  of]. 

Signed, 
Date.  C.  D. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  285 

A  copy  of  this  notice  should  be  immediately  served 
upon  the  clerk  of  the  committee,  clerk  of  the  district, 
or  upon  the  trustee,  or  trustees  who  have  done  the  act 
complained  of,  or  upon  the  parties  interested,  whoever 
they  may  be.  In  general  it  is  full  as  well  to  send  a 
copy  of  the  appeal  to  the  parties.  It  generally  tends 
to  expedite  the  matter. 


36.     Form  of  Incorporation  for  a  Public  Library. 

The  following  is  submitted  as  a  suitable  form  for 
the  constitution  of  an  association  for  establishing  and 
maintaining  a  free  public  library  : 

We,  the  subscribers,  agree  to  associate  and  incorpo- 
rate ourselves  for  the  purpose  of  maintaining  a  public 
library,  by  the  name  of  the  under  the  provi- 

sions contained  for  that  purpose  in  chapter  160  of  the 
Public  Statutes,  and  to  be  governed  by  the  following 
constitution  : 

ARTICLE  1.     This    association  shall    be  called   the 
The  library  shall  be  established  and  main- 
tained at  in  the  town  of 

2.  The  officers  of  the  association  shall  be  a  pres- 
ident, vice-president,  secretary,  treasurer,  and  libra- 
rian, who  shall  constitute  a  board  of  directors  for  the 
management    of    the    business    of    the    association, 
according  to  such  rules  as  the  association  may  from 
time  to  time  adopt. 

3.  The  annual  meeting  shall  be  held  at  on 
when  the  above-named  officers  shall  be  elected.     Any 


286  SCHOOL    MANUAL. 


officer  shall  be  elected  by  ballot  if  demanded  by  any 
members.  Special  meetings  may  be  held  at 
any  time  upon  the  call  of  the  president  or  secretary, 
public  notice  having  been  given  at  least  five  days  be- 
fore holding  the  meeting. 

4.  Any  member,  for  disorderly  or  immoral  conduct, 
may  be  expelled,  and  any  officer,  for  misconduct,  may 
be  removed  at  any  regularly  notified  meeting  of  the 
society. 

5.  The  directors  may   make  all  such  regulations 
as   they  may  deem  proper  for  the  government  of  the 
library,  and  prescribe  fines  for  non-compliance,  and 
may,  in  any  case  of  misuse  of  books,  prohibit  any  per- 
son from  using  the  library  until  satisfaction  is  made. 

6.  The  library  shall  be  held  by  the  association,  not 
in  shares  for  the  benefit  of  shareholders,  but  in  trusj 
for  the  public  benefit ;  to  be  open  to  all  who  shall  com- 
ply with  such  reasonable  rules  as  shall  from  time  to 
time  be  made  by  the  association  or  directors  ;  and  for 
the  purpose  of  continuing  the  existence  of  the  corpo- 
ration, the  association  will  from  time  to  time  elect  as 
members  such  persons  as  they  shall  think  most  likely 
to  co-operate  zealously  in  promoting  its  objects.     No 
member  shall  be  admitted  unless  proposed  at  a  previ- 
ous meeting. 

7.  This  constitution  may  be  amended  at  any  an- 
nual meeting,  provided  notice  of  the  intended  amend- 
ment has  been  given  at  some  previous  meeting.     The 
secretary  shall  cause  this  constitution  and  all  altera- 
tions thereof  to  be  recorded  in  the  records  of   land 
evidence  of  the  town  of  as  the  law  requires. 

The  above  are  all  the  provisions  necessary  to  be  in- 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.  287 

serted  in  the  constitution.  All  other  provisions  are 
better  made  in  the  shape  of  rules  or  regulations,  which 
may  be  altered  from  time  to  time  with  less  trouble. 

Whenever  it  is  intended  to  establish  a  permanent 
library,  it  will  always  be  most  prudent  to  be  incorpo- 
rated as  above.  If  a  library  is  owned  by  several  per- 
sons unincorporated,  it  will  be  liable  to  division,  and 
each  one's  interest  liable  to  attachment.  In  a  cor- 
poration, the  share  only  could  be  attached,  and  where 
the  corporation  hold  the  library  merely  as  trustees  (as 
provided  in  Art.  6,  above),  no  individual  would  have 
any  attachable  interest  whatever. 


37.     Forms  of  Prayer. 

BEFORE    ENTERING    UPON    THE    WORK    OF    THE    DAY. 

O  Lord  our  heavenly  Father,  Almighty  and  Ever- 
lasting God,  who  hath  safely  brought  us  to  the  begin- 
ning of  this  day,  defend  us  in  the  same  by  Thy 
mighty  power ;  and  grant  that  this  day  we  fall  into 
no  sin,  neither  run  into  any  kind  of  danger,  but  that 
all  our  doings  may  be  ordered  of  Thee  to  do  always 
that  which  is  righteous  in  Thy  sight,  through  Jesus 
Christ  our  Lord.  Amen. 

O  Almighty  God,  the  giver  of  every  good  and  per- 
fect gift,  the  fountain  of  all  wisdom,  enlighten,  we 
beseech  Thee,  our  understandings  by  Thy  Holy  Spirit, 
and  grant  that  whilst  with  all  diligence  and  sincerity 
we  apply  ourselves  to  the  attainment  of  human  knowl- 
edge, we  fail  not  constantly  to  strive  after  that  wis- 
dom which  makes  wise  unto  salvation  ;  that  so,  through 
Thy  mercy,  we  may  daily  be  advanced  both  in  learning 


288  SCHOOL    MANUAL. 


and  godliness,  to  the  honor  and  praise  of  Thy  name, 
through  Jesus  Christ  our  Lord.     Amen. 

Our  Father  which  art  in  heaven,  hallowed  be  Thy 
name,  Thy  kingdom  come,  Thy  will  be  done  in  earth 
as  it  is  in  heaven ;  give  us  this  day  our  daily 
bread ;  and  forgive  us  our  trespasses  as  we  forgive 
them  that  trespass  against  us  ;  and  lead  us  not  into 
temptation,  but  deliver  us  from  evil ;  for  Thine  is  the 
kingdom,  the  power  and  the  glory,  for  ever  and  ever. 
Amen. 

AT  THE  CLOSE  OF  THE  WORK  OF  THE  DAY. 

Most  merciful  God,  we  yield  Thee  our  humble  and 
hearty  thanks  for  Thy  fatherly  care  and  preservation 
of  us  this  day,  and  for  the  progress  which  Thou  hast 
enabled  us  to  make  in  useful  learning :  We  pray  Thee 
to  impress  upon  our  minds  whatever  good  instructions 
we  have  received,  and  to  bless  them  to  the  advance- 
ment of  our  temporal  and  eternal  welfare ;  and 
pardon,  we  implore  Thee,  all  that  Thou  hast  seen 
amiss  in  our  thoughts,  words  and  actions.  May  Thy 
good  providence  still  guide  and  keep  us  during  the 
approaching  interval  of  rest  and  relaxation,  so  that  we 
may  be  thereby  prepared  to  enter  on  the  duties  of  the 
morrow  with  renewed  vigor,  both  of  body  and  mind ; 
and  preserve  us,  we  beseech  Thee,  now  and  ever,  both 
outwardly  in  our  bodies,  and  inwardly  in  our  souls,  for 
the  sake  of  Jesus  Christ,  Thy  Son,  our  Lord.  Amen. 

Lighten  our  darkness,  we  beseech  Thee,  O  Lord ; 
and  by  thy  great  mercy,  defend  us  from  all  perils  and 
dangers  of  this  night,  for  the  love  of  Thine  only  Son, 
our  Saviour,  Jesus  Christ.  Amen. 


INDEX  TO  PUBLIC  STATUTES. 


[a.  stands  for  article;  con.  for  constitution;  c.  for  chapter;  s.  for  section, 
and  p.  for  page.] 


Abatement  of  taxes,  how  and  when  made,  c.  54,  s.  6, 
p.  30. 

Absentees,  expense,  in  industrial  school  paid  how,  c.  60, 

s.  5,  p.  49. 
rules  and  regulations  in  regard  to,  c.  60,  p.  48. 

Account  of    institute  appropriations  made  by  commis- 
sioner, c.  59,  s.  7,  p.  47. 

to  be  made  by  school  officer  to  successor,  c.  61,  s.  5, 
p.  51. 

Admission  of  children  of  soldiers  to  any  school,  c.  61,  s. 

13,  p.  53. 

to  normal  school,  requirements  of,  c.  59,  s.  2,  p.  46. 
to  public  schools,  what  does  not  exclude  from,  c.  61, 
s.  1,  p.  50. 

Agreement  in  case  of  dispute,  by  submitting  to  commis- 
sioner, c.  58,  s.  4,  p.  43. 

Aldermen,  board  of,  duties  and  powers  of,  as  to  truants, 
etc.,  c.  60,  s.  3,  p.  48. 

American  Asylum  at  Hartford,  education  of  deaf  mutes 
at,  c.  78,  s.  1,  2,  p.  58. 

Apparatus,  applications  recorded  to  have  preference,  c. 
49,  s.  9,  p.  17. 


290  SCHOOL    MANUAL. 


Apparatus—  Continued. 

appropriation  for,  how  apportioned  to  towns  and  dis- 
tricts, c.  49,  s.  8,  p.  17. 
districts  may  supply,  c.  51,  s.  3,  p.  22. 
fees,  etc.  forbidden  to  school  officers  for  sale  of.  c.  61, 

s.  11,  12,  p.  52. 
Appeals  may  be  made,  how,  c.  58,  s.  3,  p.  43. 

when,  c.  51,  s.  3,  p.  23;  c.  56,  s.  6, 
p.  36;  c.  58,  s.  1,  5,  8,  p.  42;  c. 
169,  s.  25,  p.  61. 

notice  of,  to  be  given,  c.  58,  s.  1,  p.  42. 
statement  of,  to  justice  supreme  court,  when  and  how, 

c.  58,  s.  2,  p.  43. 
Apportionment    of  money  from  State  for  apparatus, 

how  and  when,  c.  49,  s.  8,  p.  17. 
from  State,  for  libraries,  how  and  when,  c.  47,  s.6,  p.  13. 
schools,  how  and  when,  c.  49,  s.  2,  p.  16; 

c.  56,  s.  12,  13,  p.  37. 
from  town  for  schools,  how  and  when,  c.  55.  s.  10,  p. 

H3;  c.  56,  s.  14,  15,  p.  37. 

of  property,  if  district  is  divided,  c.  53,  s.  14,  p.  28. 
Appraisal  of  land  for  school-house,  how  made,  c.   56, 

s.  5,  p.  35. 
Apprentices  and  laborers,  provisions  in  relation  to,  c. 

169,  p.  60. 

Appropriations,  by  districts  may  be  made,  for  school- 
houses,  schools,  etc.,  c.  51,  s.  4,  p.  23. 
by  State  for  apparatus,  c.  49,  s.  7,  8,  9,  p.  17. 
evening  schools,  c.  49,  s.  10,  p.  18. 
indigent  blind,  dumb,  idiotic,  c.  78,  p.  58. 
libraries,  c.  47,  s.  6,  p.  13. 
school  for  deaf,  c.  291,  s.  4,  p.  65. 

of  design,  c.  316,  s.  1,  p.  65. 
schools,  c.   28,  s.   5,  p.  6;  c.  49,  p.  15. 
teachers'  institutes,  lectures,  etc.,  c.  59,  s. 

6,  7,  p.  47. 

travelling  expenses  pupils,  normal  school, 
c.  59,  s.  5,  p.  46;  State  school  for  deaf, 
c.  291,  s.  3,  p.  64. 


INDEX    TO    PUBLIC    STATUTES.  291 


Appropriations—  Continued. 

by  town  for  libraries,  c.  34,  s.  5,   6,  7,  p.  7. 

school-houses,  schools,  c.  34,  s.  5,  p.  7. 
schools,  equal  to  that  received  from  State,  c. 

49,  s.  4,  p.  16;  c.  58,  s.  12,  p.  45. 
schools,   statement  to    be   sent  to   commis- 
sioner, c.  50,  s.  8,  p.  20. 
Approval  of  board  of  education  may  be  required,  when, 

c.  47,  s.  8,  p.  13;  c.  56,  s.  22,  p.  40. 
of  commissioner  may  be  required,  when,  c.  51,  s.  3,  p. 
23;  c.  54,  s.  5,  7,  p.  30;  c.  56,  s.  3,  16,  p.  35;  c.  58, 
s.  5,  p.  43;  c.  60,  s.  4,  p.  49. 

of  committee  may  be  required,  when,  c.  50,  s.  3,  p. 
19;  c.  51,  s.  3,  4,  p.  23;  c.  53,  s.  5,  p.  27;  c.  54,  s.  7, 
p.  31;  c.  55,  s.  3,  7,  p.  32;  c.  56,  s.  16,  p.  38;  c.  58, 
s.  5,  p.  43. 

Assembly  General,  duty  of,  con.,  a.  XII.,  s.  l.  p.  3. 
limitation  to  use  of  school  money,  con.,  a.  XII.,  s. 
4,  p.  4. 

Assessment  of  tax,  errors  how  corrected,  c.  54,  s.  5,  p.  30. 
in  joint  districts  how  made,  c.  54,  s.  8,  p.  31 ;  c.  58,  s. 

8,  p.  44. 
may  be  ordered  by  commissioner,  when,  c.  54,  s.  4, 

p.  30. 

notice  of,  c.  54,  s.  1.  3,  p.  29;  c.  58,  s.  8,  p.  44. 
not  to  be  questioned  when,  c.  58,  s.  5,  p.  43.. 
Assessors,  compensation  of,  c.  46,  s.  4,  p.  10. 

town,  to  assess  district  taxes  when,  c.  54,  s.  2,  p.  29;  c. 

58,  s.  8,  p.  44. 

Associate  school  district,  c.  53,  s.  1,  p.  26. 
Attendance,  rules  of,  made  by  school  committee,  c.  56, 

s.  9,  p.  36. 
average,  money  to  be  apportioned  by,  c.  56,  s.   12, 

p.   37. 

average,  must  be  five  to  draw  money,  c.  56,  s.  18,  p.  38. 
reckoned  where,  in  distributing  money,  c.  55, 

s.  10,  p.  33. 

Auctioneers',,  tax  added  to  school  fund,  c.  28,  s.  2, 
p.  6. 


292  SCHOOL    MANUAL. 


Beneficiaries,  State,  among  blind,  deaf,  etc.,  selected 

how,  c.  78,  s.  2,  p.  58. 
among  blind,  deaf,  etc.,  appropriation  for  schooling 

and  clothing  of,  c.  78,  s.  3,  4,  p.  59. 
in  Brown  university  how  appointed,  c.  62,  p.  54. 
Blanks  for  school  census,  description,  c.  50,  s.  11,  p.  21. 
how  to  be  disposed  of,  c.  50,  s.  12,  p.  21. 
for  school  returns,  supplied  by  commissioner,  c.  56,  s. 

20,  p.  39. 

Blind,  indigent,  provisions  for  education  of,  c.  78,  p.  58. 
Board,  of  education,  see  Education,  board  of. 
Bonds,  may  be  required  when,  c.  51,  s.  6,  8,  p.  23;  c.  58, 

s.  9,  p.  44. 
Books,  etc.,  of  libraries,  malicious  injury  to,  punished,  c. 

242,  s.  45,  p.  62. 
school,  trustees  to  supply  how,  c.  55,  s.  3,  p.  32. 

See  also  Text-books. 
Boundaries  of  districts,  changes  in,  reported  to  town 

clerk,  c.  56,  s.  3,  p.  35. 
how  altered,  etc.,  c.  56,  s.  3,  p.  35. 
to  be  recorded  by  town  clerk,  c.  50,  s.  9,  p.  21. 
Brown  University,  scholarships  in,  c.  62,  p.  54. 
Burdens    of    the    State,  how  to   be  divided,  con.   a.  I, 
s.  2,  p.  2. 

Candidates  for  scholarships  in  Brown  university  nomi- 
nated how,  c.  62,  s.l,  p.  54. 
selected  how,  c.  62,  s.  2,  p.  54. 
Census,  school,  when  and  how  taken,  c.  50,  s.  10,  11,  12, 

p.  21. 

State,  when  and  how  taken,  c.  63,  p.  55. 
Certificate  of  teacher,  annulled  when  and  how,  c.  56,  s. 

7,  p.  36;  c.  57,  s.  4,  p.  41. 
may  be  signed  by  whom,  c.  57,  s.  1,  3,  p.  40;  c.  59, 

s.  4,  p.  46. 

valid  how  long,  c.  57,  s.  2,  4,  p.  41. 
Chairman  of  school  committee,  choice  and  removal  of,  c. 

56,  s.  1,  p.  34. 
may  sign  official  papers,  c.  56,  s.  1,  p.  34. 


INDEX    TO    PUBLIC    STATUTES.  293 


Charts,  school  officers  prohibited  promoting  sale  of  c.  61, 

s.  11,  p.  52. 

Clerk,  commissioner  may  employ,  c.  48,  s.  2,  p.  14. 
district,  election  of,  c.  51,  s.  5,  p.  23. 

powers  and  duties  of;  to  be  similar  to  those  of 
town  clerk,  c.  51,  s.  6,  p.  23;  to  record 
votes,  c.  52,  s.  7,  p.  25;  process  against 
district  may  be  served  on,  c.  58,  s.  10,  p. 
45;  to  have  charge  of  records,  c.  58,  s.  11, 
p.  45. 
Clerk  of  school  committee,  choice  and  removal  of,  c.  56,  s. 

1,  p.  34. 

powers  and  duties  of;  may  sign  orders  and  official  pa- 
^      pers,  c.  56,  s.  1,  p.  34;  to  transmit  to  town  clerk  copy 
of  votes  affecting  boundary  lines  of  districts,  c.  56, 
s.  3,  p.  35. 

Clerk,  town,  duties  of;  to  distribute  school  documents  and 
blanks,  c.   50,   s.  9,  p.  21;  to  record  boundaries  of 
school  districts,  c.  50,  s.  9,  p.  21 ;  to  take,  or  cause  to 
be  taken,  the  school  census,  c.  50,  s.  10,  p.  21. 
Collector,  district,  duties  and  powers  of,  c.  51,  s.  6,  7,  8, 
p.   23;  c.  54,  s.  4,   p.  30;  c.  55,  s.  4,  p.  32. 
election  of,  c.  51,  s.  5,  p.  23. 
town,  may  collect  district  taxes  when,  c.  51,  s.  8,  p. 

23;  c.  58,  s.  9,  p.  44. 

to  give  bond  when,  c.  51,  s.  8,  p.  23;  c.  58,  s.  9,  p.  44. 
Collectors,  compensation  of,  c.  46,  s,  4,  p.  10. 
Commissioner  of  public  schools,  approval  of,  may  be 
required  when,  c.  51,  s.  3,  p.  23;  c.  54,  s.  5,  7,  p.  30; 
c.   56,   s.  3,  16,  p.  35;  c.  58,   s.  5,  p.  43;  c.   60,   s.   4, 
p.  49. 

election  of,  c.  47,  s.  1,  p.  12;  c.  48,  s.  1,  p.  14. 
powers  and  duties  of;  to  be  secretary  of  board  of  edu- 
cation, c.  47,  s.  4,  p.  12;  to  employ  a  clerk,  c.  48, 
s.  2,  p.  14;  to  visit  schools,  c.  48,  s.  3,  p.  15;  c.  61, 
s.  6,  p.  51 ;  to  secure  uniformity  of  text-books  and  as- 
sist in  establishment  of  school  libraries;  c.  48,  s.  4, 
p.  15;  to  report  to  board  of  education,  c.  48,  s.  5,  p. 
15;  to  apportion  appropriation  for  schools  and  draw 

25* 


294  SCHOOL    MANUAL. 


Commissioner,  etc. — Continued. 

orders  for  same,  c.  49,  s.  2,  6,  p.  16;  to  attend  to  ap- 
portionment for  apparatus,  c.  49,  s.  8,  9,  p.  17;  to 
supervise  committees,  c.  50,  s.  1,  p.  18;  c.  56,  s.  9.  p. 
36 ;  to  withhold  order  for  public  money  when,  c.  49, 
s.  4,  p.  16;  c.  50.  s.  12,  p.  21;  c.  56,  s.  20,  p.  39;  to 
direct  as  to  taxes,  when,  c.  54,  s.  4,  5,  6,  7,  p.  30;  to 
prescribe  forms  for  returns,  c.  55,  s.  5,  p.  32;  c.  56, 
s.  16,  p.  38;  to  attend  to  appeals,  how  and  when,  c. 
58,  s.  1,  2,  3,  4,  p.  42;  to  remit  forfeitures,  how  and 
when,  c.  58,  s.  12,  p.  45;  to  have  care  of  normal 
school,  c.  59,  s.  1,  p.  46;  to  expend  appropria- 
tion for  institutes  and  lectures,  how,  c.  59,  s.  6,  7, 
p.  47. 

Committee  school,  approval  of,  may  be  required  when,  c. 
50,  s.  3,  p.  19;  c.  51,  s.  3,  4,  p.  23;  c.  53,  s.  5,  p.  27; 
c.  54,  s.  7,  p.  31;  c.  55,  s.  3,  7,  p.  32;  c.  56,  s.  16,  p. 
38;  c.  58,  s.  5,  p.  43. 

cannot  teach  where  residing,  c.  57,  s.  6,  p.  41. 

election  of,  c.  50,  s.  4,  p.  19. 

meetings  and  quorum  of,  c.  56,  s.  2,  p.  34. 

officers  of,  c.  56,  s.  1,  p    34. 

powers  and  duties  of;  to  have  charge  of  schools,  c.  50, 
s.  1,  p.  18;  to  supervise  superintendent,  c.  50,  s.  5, 
p.  20;  to  organize  schools  when,  c.  51,  s.  9,  p.  24; 
to  have  sole  charge  of  the  schools  when,  c.  51,  s.  10, 
p.  24;  c.  55,  s.  8,  p.  33;  c.  56,  s.  11,  p.  3*7;  to  call 
district  meeting  when  and  how,  c.  52,  s.  1,  3,  4,  p. 
24;  c.  53,  s.  3,  9,  p.  26;  to  draw  orders  when  and 
how,  c.  53,  s.  4,  p.  27;  c.  56,  s.  16,  17,  18,  p.  38;  to 
arrange  district  boundaries  how,  c.  53,  s.  7,  8,  p.  27; 
c.  56,  s.  3,  p.  35;  to  apportion  property,  and  contri- 
butions towards  school-houses,  when  and  how,  c.  53, 
s.  13,  14,  p.  28;  to  abate  taxes  when,  c.  54,  s.  6,  p. 
30;  to  locate  schoo) -houses,  c.  56,  s.  4,  5,  p.  35;  to 
give  and  annul  certificates,  c.  56,  s.  7,  p.  36;  c.  57, 
s.  1,  2,  3,  4,  p.  40;  to  visit  schools,  c.  56,  s.  8,  p.  36; 
c.  61,  s.  6,  p.  51;  to  make  rules  and  regulations,  c. 
56,  s.  9,  p.  36;  to  suspend  pupils,  c.  56,  s.  10,  p.  37; 


INDEX    TO    PUBLIC    STATUTES.  295 


Committee,  etc. — Continued. 

to  apportion  money,  when  and  how,  c.  56,  s.  12,  13, 

14,  15, 19,  p.  37;  to  suspend  schools,  when,  and  to  ar- 
range for  attendance  of  scholars  in  other  schools,  c. 

56,  s.  18,  p.  38;  to  make  reports,  when  and  how,  c. 

56,  s.  20,  21,  p.  39;  to  change  text-books,  when  and 

how,  c.  56,  s.  22,  p.  40. 
qualifications  of  membership  of,  con.  a.  IX,  s.  1,  p.  3; 

c.  50,  s.  4,  p.  19. 
Compensation  of  assessors,  town  clerks  and  collectors, 

c.  46,  s.  4,  5,  p.  10. 

board  of  education,  c.  47,  s.  10,  p.  14. 
clerk  of  commissioner  of  public  schools,  c.  48,  s.  2, 

p.  14. 

superintendents,  c.  50,  s.  5,  p.  20. 
trustees,  c.  55,  s.  6,  p.  32. 
Complainants  in  case  of  truancy,  etc.,  appointment  and 

duties  of,  c.  60,  s.  6,  p.  49. 
Complaints  for  employment  of  minors,  when  to  be  made, 

c.  169,  s.  25,  p.  61. 

Conscience,  freedom  of,  secured,  con.  a.  I.,  s.  3,  p.  2. 
Consolidated  school  districts,  c.  53,  s.  5,  p.  27. 
Constitution,  extracts  from,  p.  1. 
Contract  of  district,  remedy  if  not  fulfilled,  c.  54,  s.  4, 

p.    30. 
Costs  of  suit,  not  taxed  to  school  officers  when,  c.  58,  s. 

6,  p.  43.    v 

security  for,  courts  decide  upon,  c.  58,  s.  7,  p.  44. 
Councils,  city  and  town,  duties  and  powers  of;  to  make 

regulations  for  free  libraries,  c.  34.  s.  6,  7,  p.  7;  to 

fill  vacancy  in  office  of  school  committee  when,  c. 

50,  s.  4,  p.  19;  to  make  provisions  and  arrangements 

for  truants,  c.  60,  s.  1,  3,  p.  48. 
Courts  decide  as  to  security  for  costs  of  suit,  c.  58,  s.  7, 

p.  44. 

to  have  jurisdiction  of  truants,  c.  60,  s.  2,  7,  p.  48. 
Court  of  common  pleas,  appeal  to,  allowed  when,  c.  56,  s. 

6,  p.  36. 
Deaf,  State  school  for,  c.  291,  p.  64. 


296  SCHOOL    MANUAL. 


Deaf  and  dumb,  indigent,  provisions  for  education  of,  c. 

78,  p.  58;  c.  291,  s.  3,  p.  64 

Decision  of  commissioner  final  when,  c.  58,  s.  4.  p.  43. 
of  justice   of  supreme  court  to  be  obtained  and  final 

when,  c.  58,  s.  2,  p.  43. 

Declaration  of  rights  and  principles,  con.  a.  I,  s.  3,  p.  2. 
Deduction  from  taxes,  may  be  provided  for,   c.  46,  s.  1, 

5,  p.  9. 

Design,  school  of,  c.  316,  p.  65. 
Diploma  from  normal  school,  when  to  be  given,  c.  59,  s. 

3,  p.  46. 
Directors  of  R.  I.  school  of  design,  two  elected  by  and 

from  board  of  education,  c.  316,  s.  4,  p.  66. 
make  report  to  board  of  education,  c.  316,  s.  3,  p.  65. 
Dismissal  of  teacher,  when  and  how,  c.  56,  s.  7,  p.  36;  c. 

57,  s.  4.  p.  41. 
Dispute  decided  by  agreement,  when  and  how,  c.  58,  s.  4, 

p.  43. 

Distraint  for  taxes,  fees  of  collector  in,  c.  46,  s.  4,  p.  10. 
District,  school,  associate,  c.  53,  s.  1,  p.  26. 

boundaries,  how  altered,  c.  56,  s.  3,  p.  35. 

consolidated,  c.  53,  s.  5,  p.  27. 

designated  how,  c.  51,  s.  1,  p.  22. 

formation  of,  c.  50,  s.  1,  2,  p.  18;  c.  53,  s.  1,  2,  8,  p. 

26;  c.  56,  s.  3,  p.  35. 
joint,  c.  53,  s.  8,  p.  27. 

judgment  against,  how  satisfied,  c.  58,  s.  8,  9,  p.  44. 
legal  process  against,  how  served,  c.  58,  s.  10,  p.  45. 
meetings,  c.  52,  p.  24. 
organization  of,  meetings  for,  c.  52,  s.  1,  p.  24;  c.  53, 

s.  3,  7,  9,  p.  26. 

powers  of,  c.  51,  p.  22;  c.  53,  s.  1,  2,  5,  p.  26. 
providing  school-house,  not  taxed  for  other  districts,  c. 

50,  s.  3,  p.  19. 

records  of  boundaries,  c.  50,  s.  9,  p.  21. 
suit  against,  who  may  answer,  c.  58,  s.  7,  p.  44. 
taxes,  c.  54,  p.  29. 

Disturbance  of  meeting  or  school,  penalty  for,  c.  241,  s. 
7,  p.  62. 


INDEX    TO    PUBLIC    STATUTES.  297 


Documents  and  blanks,  by  whom  to  be  distributed,  c. 

50,  s.  9,  p.  21. 
Donations  for  public  schools,  how  to  be  applied,  con.  a. 

XII,  s.  3,  p.  3. 
Donors  to  libraries  may  prescribe  rules  for,  c.  34,  s    7, 

p.  8. 

Education,  con.  a.  XII,  p.  3. 

Education,  board  of,  approval  of,  may  be  required  when, 

c.  47,  s.  8,  p.  13;  c.  56,  s.  22,  p.  40. 
constitution  of,  c.  47,  s.  1,  p.  11. 
election  of,  c.  47,  s.  3,  p.  12. 
expenses  of,  c.  47,  s.  10,  p.  14. 

meetings  of,  when  and  where  holden,  c.  47,  s.  5,  p.  12. 
powers  and  duties  of;  to  elect  commissioner,  c.  47,  s. 
1,  p.  12;  to  make  rules  and  regulations,  c.  47,  s.  5, 
p.  13;  to  have  charge  of  libraries,  c.  47,  s.  6,  7,  8, 
p.  13;  to  make  report  to  general  assembly,  c.  47,  s. 
9,  p.  14;  to  have  general  supervision  of  evening 
schools  and  apportion  money  therefor,  c.  49,  s.  10, 
p.  18;  to  remit  forfeitures,  c.  58,  s.  12,  p.  45;  to  be 
trustees  of  normal  school,  c.  59,  s.  1,  p.  46;  to  direct 
as  to  expenditure  of  appropriation  for  lectures,  c. 
59,  s.  6,  p.  47;  to  visit  schools,  c.  61,  s.  6,  p.  51;  to 
have  charge  of  State  school  for  deaf,  c.  291,  s.  1,  2, 
3,  4,  p.  64;  to  give  orders  for  school  of  design,  c. 
316,  s.  2,  p.  65;  to  elect  directors  for  school  of  de-' 
sign,  c.  316,  s.  4,  p.  66. 
term  of  office,  c.  47,  s.  2,  3,  p.  12. 
Election  of  board  of  education,  c.  47,  s.  3,  p.  12. 

school  commissioner,  c.  47,  s.  1,   p.   12;  c.  48,  s.  1, 

p.   14. 
school  committee,  c.  50,  s.  4,  p.  19. 

district  officers,  c.  51,  s.  5,  p.  23. 
superintendent,  c.  50,  s.  5,  p.  20. 
Electors  qualified,  rights  of,  con.  a.  IX,  s.  1,  p.  3;  c.  34. 

s.  6,  7,  p.  7. 

Engagement  required  of  school  officers,  c.  51,  s.  5,  p. 
23;  c.  61,  s.  2,  3,  4,  p.  50. 


298  SCHOOL    MANUAL. 


Engagement —  Continued. 

officers  holding  over  not  to  take  a  new,  c.  61,  s.  4,  p.  51. 
penalty  for  not  taking,  c.  61,  s.  5,  p.  51. 
Evening  schools,  appropriation  for,  and  how  expended, 

c.  49,  s.  10,  p.  18. 
Evidence,  record  of  district  clerk  to  be,  c.  58,  s.  11,  p.  45; 

c.  61,  s.  3,  p.  51. 
Examination  of  pupils  for  normal  school,  c.  59,  s.   2, 

p.  46. 

of  teachers,  c.  57,  s.  3,  p.  41 ;  c.  59,  s.  4,  p.  46. 
Exclusion  of  pupils  from  school,  by  school  committee,  c. 

56,  s.  10,  p.  37. 
on  account  of  age,  race  or  color  forbidden,  c.  61,  s.  1, 

p.  50. 
Exemption  from  taxation,  for  schooling,  c.  61,  s.  13,  p.  53. 

of  schools,  when  to  cease,  c.  61,  s.  7,  p.  52, 
Expenses  of  board  of  education,  how  met,  c.  47,  s.  10, 
p.  14. 

Factory  labor  of  minors  prohibited,  c.  169,  s.  21,  22,  23, 

p.  60. 
Fees,  etc.,  not  to  be  offered  to  school  officers,  c.  61,  s.  12, 

p.  53;  not  to  be  received  by  school  officers,  c.  61,  s. 

11,  p.  52. 

Fines,  for  disturbing  meetings  or  schools,  c.  241,  s.  7,  p.  62. 
for  employment  of  children  in  factories,  c.  169,  s.  24, 

p.  61. 

for  injury  to  property  of  libraries,  c.  242,  s.  45,  p.  62. 
for-neglect  of  duty,  c.  46,  s.  2,  p.  9;  c.  61,  s.  5,  p.  51. 
for  violating  law,  c.  61,  s.  15,  p.  54. 
and  forfeitures  remitted,  when  and  how,  c.  58,  s.  12, 

p.  45 
Forfeitures,  c.  50,  s.  8,  12,  p.  21;  c.  56,  s.  16,  18,  p.  38; 

c.  169,  s.  24,  p.  61. 

of  district,  to  be  divided  how,  c.  56,  s,  19,  p.  39. 
for  employment  of  children,  how  used,  c.  169,  s.  24, 

p.  61. 
of  town  added  to  permanent  school  fund,  c.  28,  s.  3, 

p.  6;  c.  49,  s.  5,  p.  16. 


INDEX    TO    PUBLIC    STATUTES.  299 


Freedom,  religious,  how  secured,  con.  a.  I,  s.  3,  p.  2. 

Free  public  libraries.     See  Libraries. 

Fund  permanent,  additions  to,  c.  28,  s.  2,  3,  p.  6;  c.  49,  s. 

5,  p.  16. 
income  of,  how  to  be  used,  c.  28,  s.  5,  p.  6;  c.  49,  s.  1, 

p.  15. 
provisions  of  constitution  relative  to,  con.  a.  XII,  s. 

2,  p.  3. 

to  be  in  charge  of  general  treasurer,  c.  28,  s.  1,  4,  p.  6; 

c.  49,  s.  5,  p.  16. 
to  be  invested  how,  con.  a.  12,  s.  2,  p.  3;  c.  28,  s.  1, 

4,  p.  6. 

General  assembly.     See  Assembly  General. 
treasurer.  See  Treasurer  General. 

Government,  free,  object  of,  con.  a.  I,  s.  2,  p.  2. 

Governor,  duties  and  powers  of;  to  advise  with  treasurer 
in  regard  to  custody  of  school  fund,  c.  28,  s.  1,  4,  p. 
6;  to  be  a  member  and  chairman  of  board  of  educa- 
tion, c.  47,  s.  1,  4,  p.  12;  to  appoint  a  person  to  act 
as  commissioner  in  case  of  a  temporary  vacancy,  c. 
48,  s.  1,  p.  14;  to  aid  in  selection  of  beneficiaries  to 
Brown  University,  c.  62,  s.  2,  p.  54;  to  select  bene- 
ficiaries among  deaf,  dumb  and  blind,  etc. ,  and  draw 
orders  for  the  same,  c.  78,  s.  2,  3,  4,  p.  58. 

Idiots   and  imbeciles,  provision  for  education  of,  c.  78, 

p.  58. 

Illiterates,  provision  for,  c.  60,  p.  48. 
Imprisonment  for  neglect  of  duty  relative  to  taxes,  c. 

46,  s.  2,  p.  9. 

Industrial  school,  location  and  object  of,  c.  60,  s.  3,  p.  48. 
Insolvency,  taxes  to  have  preference  in  case  of,  c.  46,  s. 

3,  p.  9. 

Insurance  of  school-house,  c.  51,  s.  3,  p.  22. 
Institutes,  teachers',  appropriations  for  expended  how,  c. 

59,  s.  6,  7,  p.  47. 
Investment  pf  fund  for  schools,  con.  a.  XII,  s.  2,  p.  3; 

c.  28,  s.  1,  4,  p.  6. 


300  SCHOOL    MANUAL. 


Joint  school  districts,  c.  53,  s.  8,  p.  27. 

Judgments  against  school  districts  satisfied  how,  c.  58,  s. 

8,  9,  p.  44. 
Justice  of  supreme  court,  statement  in  appeal  made  to, 

when  and  how,  c.  58,  s.  2,  p.  43. 


Laborers,  provisions  in  relation  to,  c.  169,  p.  60. 
Land  for  school-houses,  appraisal  of  when,  c.  56,  s.  5,  p.  35. 
Laws  of  the  State,  how  to  be  made,  con.  a.  I,  s.  2,  p.  2. 
Lectures,  etc.,  appropriations  for  expended  how,  c.  59, 

s.  6,  7,  p.  47. 

Levy  of  district  taxes,  c.  54,  p.  29. 
Libraries  free,  appropriations  for,  when  and  how  made, 

c.  34,  s.  5,  6,  p.  7;  c.  47,  s,  6,  p.  13. 
board  of  education  to  prescribe  rules  for,  c.  47,  s.  7, 

p.  13. 
council,  city  or  town,  to  prescribe  rules  for,  c.  34,  s. 

6,  7,  p.  7. 
malicious   mischief  to  books,  etc.,  how  punished,  c. 

242,  s.  45,  p.  62. 
neglect  to  return  books,  etc.,  after  due  notice,  c.  242, 

s.  46,  p.  63. 

payments  for,  from  State,  how  made,  c.  47,  s.  6,  8,  p.  13. 
penalties  in  regard  to,  c.  47,  s.  7,  p.  13. 
powers  of  towns  to  appropriate  for,  c.  34,  s.  5,  6,  7, 

p.  7. 

rooms  for,  how  may  be  provided,  c.  34,  s.  6,  p.  7. 
school  commissioner  to  assist  in  establishing,  c.  48,  s. 
4,  p.  15. 

Management  of  normal  school  vested  in  whom,  c.  47, 
s.  1,  p.  11;  c.  59,  s.  1,  p.  46. 

Maps,  fees  to  school  officers  for  promoting  sale  of,  prohib- 
ited, c.  61,  s.  11,  12,  p.  52. 

Masters,  apprentices,  etc.,  provisions  in  relation  to,  c.  169, 
p.  60. 

Meetings  district,  c.  52,  p.  24;  c.  53,  s.  3,  9,  p.  26. 

where  to  be  held,  c.  52,  s.  4,  p.  25;  c.  53,  s.  3,  p.  26. 


INDEX    TO    PUBLIC    STATUTES.  301 


Meetings — Continued. 

district  annual,  when  to  be  held  and  for  what,  c.  52, 

s.  2,  p.  24. 
district  annual,  how  called,  c.  52,  s.  5,  p.  25. 

special,  when  and  how  to  be  called,  c.  52,  s.  3, 

5,  p.  25. 
of  board  of  education,  when  and  where  held,  c.  47, 

s.  5,  p.  12. 

of  school  committee,  when  held,  c.  56,  s.  2,  p.  34. 
or  schools,  penalty  for  disturbing,  c.  241,  s.  7,  p.  62. 
Mileage  for  pupils  in  normal  school  paid  how,  c.  59,  s. 

5,  p.  46. 
Minors  not  to  be  employed  when,  c.  169,  s.  21,  22,  23,  p. 

60. 

to  attend  school,  c.  169,  s.  22,  p.  60. 
Moderator  district,  election  of,  c.  51,  s.  5,  p.  23. 

may  engage  other  district  officers,  c.  51,  s.  5,  p.  23. 
need  not  be  engaged,  c.  61,  s.  2,  p.  50. 
Money  school,  alienation  of,  forbidden,  con.  a.  XII,  s.  4, 

p.  4. 
appropriations  State,  for  schools  and  apparatus,  c.  49, 

p.    15. 
distributed  how  and  when,  c.  55,  s.  10,  p.  33;  c.  56,  s. 

12,  13,  14,  15,  p.  37. 
forfeited  by  districts,  to  be  divided  how,  c.  56,  s.  19, 

p.  39. 
forfeited  by  districts,  when,  c.  56,  s.  16,  p.  38. 

town,  to  be  added  to  permanent  fund,  c. 
28,  s.  3,  p.  6;  c.  49,  s.  5,  p.  16. 
for  report,  c.  56,  s.  21,  p.  40. 
of  joint  districts,  apportioned  how,  c.  53,  s.  4,  6,  11, 

p.  27. 
statements  of,  to  be  made  by  town  treasurer,  c.  50,  s. 

7,  8,  p.  20. 
statement  of.  to  be  made  to  trustees  by  committee,  c. 

56,  s.  15,  p.  38. 
to  be  received  and  paid  out  by  town  treasurer,  c.  50, 

s.  6,  p.  20. 
towns  may  vote,  c.  34,  s.  5,  p.  7. 

26 


302  SCHOOL    MANUAL. 


Mon ey ,  etc. — Continued. 

to  be  used  for  teachers'  wages  only,  c.  49.  s.  3,  p.  16; 
c.  56,  s.  16,  p.  38. 

tuition,  used  how,  c.  55,  s.  9,  p.  33. 
Morals,  instruction  in,  by  teachers,  c.  57,  s.  3,  4,  7,  p.  41. 

Normal  school,  c.  59,  s.  1,  2,  3,  4,  5,  p.  46. 

admission  of  children  of  deceased  soldiers,  etc.,  c.  61, 

s.  13,  p.  53. 
trustees  may  sign  certificates,  c.  57,  s.  1,  p.  41 ;  c.  59, 

s.  4,  p.  46. 
under  supervision  of  board  of  education,  c.  47,  s.  1, 

p.  11;  c.  59,  s.  1,-p.  46. 
Notice  of  appeal  to  be  given,  c.  58,  s.  1,  p.  42. 

assessments  c.  54,  s.  1,  2,  3,  p.  29;  c.  58,  s.  8,  p.  44. 
district  meetings,  c.  52,  s.  1,  5,  p.  24;  c.  53,  s.  7,  9,  p. 

27;  c.  58,  s.  5,  11,  p.  43. 
proposed  change  of  district  boundaries,  c.  56,  s.  3, 

p.  35. 
in  regard  to  books  overdue  in  libraries,  c.  242,  s.  46, 

p.  63. 
Nuisances  prohibited  near  school-houses,  c.  61,  s.  8,  p.  52. 

Oaths  to  district  officers,  administered  by  whom  and  evi- 
dence of,  c.  51,  s.  5,  p.  23;  c.  61,  s.  2,  3,  p.  50. 
See  Engagement. 
Offering   fees  to  school  officers  prohibited,  c.  61,  s.  12, 

p.  53. 
Officers,  district,  must  be  engaged  except  moderator,  c. 

61,  s.  2,  3,  p.  50. 
election  of,  c.  51,  s.  5,  p.  23. 
to  hold  office  how  long,  c.  61,  s.  4,  p.  51. 
when  to  give  bond,  c.  51,  s.  6,  p.  23. 
and  town,  cannot  teach  where  residing,  c.   57,  s.  6, 

p.  41. 

of  board  of  education,  c.  47,  s.  4,  p.  12. 
qualifications  of,  con.  a.  IX,  s.  1,  p.  3. 
school,  cannot  have  pecuniary  interest  in  text-books, 
c.  61,  s.  11,  p.  52. 


INDEX    TO    PUBLIC    STATUTES.  303 


Officers,  etc. — Continued. 

school,  penalties  and  fines  for  neglect  of  duty,  and 

liable  for  damages  when,  c.  61,  s.  5,  p.  51. 
Orders  for  associate  and  joint  schools,  c.  53,  s.  4,  11,  p.  27. 
for  teachers'  wages,  etc.,  when  and  how  given,  c.  56, 

s.  16,  17,  18,  p.  38. 

of  school  committee  to  be  paid  by  treasurer,  c.  50,  s. 
6,  p.  20. 

who  may  sign,  c.  56,  s.  1,  p,  34. 
on  general  treasurer.c.  49,  s.  6,  8,  p.  16;  c.  50,  s.  12,  p. 

22;  c.  56,  s.  20,  p.  39. 

Ordinances  for  Providence  schools  fixed  by  city  author- 
ities, c.  61,  s.  10,  p.  52. 

for  truants,  etc.,  may  be  made  by  town  councils,  and 
to  be  approved  by  commissioner,  c.  60,  s.  1,4,  p.  48. 
Organization  of  districts,  c.  52,  s.  1,  p.  24. 

associate,   consolidated  and  joint,  c.   53,   s.  1,  7,  9, 
p.  26. 

Pawtlicket,  provision  for  appropriation  for  library  of,  c. 

34,  s.  7,  p.  8. 
Payment  for  libraries,  to  whom  made,  c.  47,  s.  8,  p.  13. 

what  and  how  made,  c.  47,  s.  6,  8,  p.  13. 
Penalties,  fines  and  forfeitures  remitted  when  and  how, 

c.  58,  s.  12,  p.  45. 
Penalty  for  breach  of  ordinances  respecting  truants,  etc., 

c.  60,  s.  1,  2,  3,  p.  48. 

disturbing  meetings  or  schools,  c.  241,  s.  7,  p.  62. 
employing  children,   what   and    how    recovered,    c. 

169,  s.  24,  p.  61. 
making  false  certificate,  not  delivering  copies,  or  other 

neglect  of  duty,  c.  61,  s.  5,  p.  51. 
malicious  mischief  to  property  of  libraries,  c.  242,  s. 

45,  p.  62. 

misappropriating  money,  c.  61,  s.  5,  p.  51. 
neglect  of  duty  relative  to  taxes,  c.  46,  s.  2,  p.  9. 
non-payment  of  taxes,  c.  46,  s.  1,  p.  9. 
non-remittance  of  returns,  c.  50,  s.  8,  12,  p.  21 ;  c.  56, 

s.  20,  p.  39. 


304  SCHOOL    MANUAL. 


Penalty,  etc. — Continued. 

nuisance  near  school-house,  c.  61,  s.  8,  15,  p.  52. 
refusal  to  permit  schools  to  be  visited  by  school 

committee  and  others,  c.  61,  s.  7,  p.  52. 
general,  for  violation  of  law,  c.  61,  s.  15,  p.  54. 
in  regard  to  State  census,  c.  63,  s.  7,  p.  57. 

See  Forfeitures,  see  Fines. 
Perkin's  institution,  education  of  blind  at,  c.  78,  s.  1,  2, 

p.  58. 
Personal   property,  assessment  of,  for  district  taxes,  c. 

54,  s.  2,  p.  29. 

Process  against  district,  served  how,  c.  58,  s.  10,  p.  45. 
Property  of  consolidated  districts,  title  of,  c.  53,  s.  12, 

13,  p.  28. 
of  district  taxed  how,  c.  54,  s.  1,  2,  8,  p.  29. 

who  to  have  charge  of,  c.  55,  s,  1,  p.  32. 
Providence,  Title  IX,  how  far  applicable  to,  c.  61,  s.  9, 

p.  52. 

schools,  how  regulated,  c.  61,  s.  10,  p.  52. 
Pupils  cannot  be  excluded  on  account  of  what,  c.  61,  s. 

1,  p.  50. 
may  attend  schools  in  other  districts  when,  c.  56,  s.  18, 

p.  39. 
not  to  attend  school  without  certificate  of  vaccination, 

c.  61,  s.  14,  p.  53. 
suspended,  when  and  how,  c.  56,  s.  10,  p.  37;  c.  61,  s. 

1,  p.  50. 

Qualifications  of  applicants  for  normal  school,  c.  59,  s. 

2,  p.  46. 

for    office,    except    school    committee,    con.    a.    IX, 

s.  1,  p.  3. 

of  teachers,  c.  57,  p.  40. 

of  voters  in  district  meetings,  c.  52,  s.  6,  p.  25. 
Quorum  of  school  committee,  c.  56,  s.  2,  p.  34. 

Real  estate,  assessment  of  for  district  taxes,  c.  54,  s.  2,  p.  29. 
Record  of  district  clerk,  book  for,  how  furnished,  c.  58, 

s.  11,  p.  45;  prima  facie  evidence,  c.  58,  s.  11,  p.  45; 

c.  61,  s.  3,  p.  51. 


INDEX    TO    PUBLIC    STATUTES.  305 


Record,  etc. — Continued. 

of  vaccination  of  pupils  kept  by  teacher,  c.  61,  s.  14, 

p.  53. 

Register  to  be  deposited  where,  c.  56,  s.  16,  p.  38. 
examined  when,  c.  56,  s.  8,  16,  p.  36. 

kept  how,  c.  57,  s.  5,  p.  41. 
Registry  taxes,  credited  to  school  account  when,  c.  50,  s. 

6,  p.  20. 

to  be  used  how,  c.  56,  s.  14,  p.  37. 
Regulations  for  admission  of  pupils  out  of  district,  c. 

55,  s.  7,  p.  33. 
for  libraries,  by  whom  to  be  prescribed,  c.  34,  s.  6,  p. 

8;  c.  47,  s.  7,  p.  13. 

for  schools,  made  by  whom,  c.  56,  s.  9,  p.  36. 
Religious  liberty,  how  secured,  con.  a.  I,  s.  3,  p.  2. 
Remedy  for  over-tax,  c.  54,  s.  H,  6,  p.  30. 
Remittance  of  fines,  penalties,  etc.,  when  and  how,  c. 

58,  s.  12,  p.  45. 
Report  of  board  of  education,  c.  47,  s.  9,  p.  14. 

of  commissioner  of  public  schools,  c.  48,  s.  5,  p.  15. 
of  school  committee,  c.  56,  s.  20,  21,  p.  39. 
of  directors  of  school  of  design,  c.  316,  s.  3,  p.  65. 
Returns  of  committee,  when  and  how  made,  c.  56,  s.  20, 

p.  39. 

of  teachers  to  school  committee,  c.  57,  s.  5,  p.  41. 
of  trustees  to  whom  and  how  made,  c.  55,  s.  5,  p.  32. 
and  teachers,  what  required,  c.  56,  s.  16, 

p.  38. 
penalties  for  non-remittance  of,  c.  50,  s.  8,  12,  p.  21 ; 

c.  56,  s.  20,  p.  39. 

Rights  and  liberties,  what  essential  to,  con.  a.  XII,  s.  1,  p.  3. 

and  principles,  constitutional,  paramount,  con. a.  I,  p.2. 

Rules  and  regulations  for  appeals,  made  when  and  how, 

c.  58,  s.  3,  p.  43. 

for  schools,  made  how,  c.  56,  s.  9,  p.  36. 
for  libraries,  c.  34,  s.  6,  7,  p.  7;  c.  47,  s.  7,  p.  13. 

Sailors  and  soldiers,  children  of,  schools  free  to,  when,  c. 
61,  s.  13,  p.  53. 

26* 


306  SCHOOL   MANUAL. 


Scholars  admitted  out  of  the  district,  when  and  how,  c. 
55,  s.  7,  p.  33. 

See  Pupils. 

Scholarships  for  Brown  University,  c.  62,  p.  54. 
School  committee.     See  Committee. 

district.     See  District. 

fund,  permanent.     See  Fund. 
School-houses  may  be  provided  by  town  or  districts,  c. 

50,  s.  3,  p.  19;  c.  51,  s.  3,  p.  22;  c.  53,  s.  2,  14,  p.  26. 
furniture  and  apparatus  for,  provided  how,  c.  50,  s.  3, 

p.  19;  c.  51,  s.  3,  p.  22;  c.  53,  s.  2,  p.  26. 
insurance  of,  c.  51,  s.  3,  p.  22. 
location  of,  c.  56,  s.  4,  5,  6,  p.  35. 
nuisances  near,  prohibited,  c.  61,  s.  8,  p.  52. 
plans  for  erection  and  repairs,  to  be  approved,  c.  51,  s. 

3,  p.  23;  c.  54,  s.  7,  p.  31. 

powers  of  towns  to  appropriate  for,  c.  34,  s.  5,  p.  7. 
taxes  for,  abated  when  and  how,  c.  54,  s.  6,  p.  30. 
trustees  to  have  charge  of,  c.  55,  s.  1,  2,  p.  32. 
valuation  of  land  for,  c.  56,  s.  5,  6,  p.  35. 
School  meetings.     See  Meetings. 

money.     See  Money. 
Schools,  committee  have  full  charge,  when,  c.  51,  s.  10, 

p.  24;  c.  55,  s.  8,  p.  33;  c.  56,  s.  11,  p.  37. 
consolidated    and    joint    district,    money    for,   how 

drawn,  c.  53,  s.  4,  11,  p.  27. 
establishment  of,  by  committee  if  district  neglects,  c. 

51,  s.  9,  p.  24. 

for  advanced  pupils  may  be  established  how,  c.  53,  s. 

1,  p.  26. 

free  to  children  of  soldiers  and  sailors,  c.  61,  s.  13,  p.  53. 
must  be  maintained  by  towns,  c.  50,  s.  1,  p.  18. 
penalty  for  disturbing,  c.  241,  s.  7,  p.  62. 
powers  of  towns  to  appropriate  for,  c.  34,  s.  5,  p.  7. 
School  superintendents.     See  Superintendent. 
Secretary  of  State,  duty  relative  to  scholarships  in  Brown 

University,  c.  62,  s.  2,  p.  54. 

Soldiers  and  sailors,  children  of,  to  have  free  access  to 
schools,  c.  61,  s.  13,  p.  53. 


INDEX    TO    PUBLIC    STATUTES.  307 


Submission  by  agreement,  when,  c.  58,  s.  4,  p.  43. 
Suits  against  districts,  who  may  answer  and  how,  c.  58,  s. 

7,  p.  44. 
costs  in,  not  to  be  taxed  to  school  officers  when,  c.  58, 

s.  6,  p.  43. 
Superintendent  of  schools  cannot  teach  where  residing, 

c.  57,  s.  6,  p.  41. 

compensation  of,  c.  50,  s.  5,  p.  20. 
duties  of,  c.  50,  s.  5,  p.  20. 
election  of,  c.  50,  s.  5,  p.  20. 

Suspension  of  pupils  by  school  committee,  c.  56,  s.  10, 
p.  37;  c.  61,  s.  1,  p.  50. 

Taxation,  exemption  from,  for  schooling,  c.  61,  s.  13,  p.53. 

for  schools,  when  to  cease,  c.  61,  s.  7,  p.  52. 
Tax,  compensation  for  collection,  c.  46,  s.  4,  p.  10. 

deduction  from,  or  penalties  for  non-payment,  c.  46,  s. 

1,  p.  9. 

for  public  libraries,  authority  for,  c.  34,  s.  5,  6,  7,  p.  7. 
for  school-houses,  c.  50,  s.  3,  p.  19. 
highway,  c.  46,  s.  5,  p.  10. 
in  case  of  insolvency,  c.  46,  s.  3,  p.  9. 
penalties  for  neglect  of  duty  relative  to,  c.  46,  s.  2,  p.  9. 
registry,  when  credited  to  school  fund,  c.  50,  s.   6, 

p.  20. 
Tax,   School   District,   abatement  of,  how  made,  c. 

54,  s.  6,  p.  30. 

approval  of,  c.  51,  s.  4,  p.  23;  c.  54,  s.  7,  p.  31. 
assessed  how  to  satisfy  judgment  against  district,  c. 

58,  s.  8,  9,  p.  44. 
assessment  in  joint  districts,  c.  54,  s.  8,  p.  31;  c.  58, 

s.  8,  p.  44. 
commissioner  may  order  assessment  of,  in  what  cases, 

c.  54,  s.  4,  p.  30. 

errors  in,  corrected  how,  c.  54,  s.  5,  p.  30. 
for  school  houses,  c.  50,  s.  3,  p.  19;  c.  54,  s.  7,  p.  31. 
levy  of,  c.  53,  s.  2,  p.  26;  c.  54,  p.  29. 
notice  of  assessment,  c.  54,  s.  1,  2,  3,  p.  29;  c.  58,  s.  8, 

p.  44. 


308  SCHOOL    MANUAL. 


Tax,  etc. — Continued. 

regulations  in  regard  to,  c.  51,  s.  4,  p.  23;  c.  58,  s.  8,  9, 

p.  44. 
town  assessors  to  assess  value  in  what  case  of,  c.  54,  s. 

2,  p.  29. 

trustees  to  make  out  bill  for,  c.  55,  s.  4,  p.  32. 
vote  ordering,  final  when,  c.  58,  s.  5,  p.  43. 
who  cannot  vote  for,  c.  52,  s.  6,  p.  25. 
and  town,  collection  of,  c.  46,  s.  2,  4,  5,  p.  9;  c.  51,  s. 

7,  8,  p.  23;  c.  58,  s.   9,  p.  44. 
Tax,  Town,  for  schools  must  equal  that  received  from 

State,  c.  49,  s.  4,  p.  16;  c.  58,  s.  12,  p.  45. 
Teachers,  dismissed  when  and  how,  c.  56,  s*.  7,  p.  36;  c. 

57,  s.  4,  p.  41. 

duties  and  qualifications  of,  c.  57,  p.  40. 
examination  by  whom,  c.  56,  s.  7,  p.  36;  c.  59,  s.  4, 

p.  46. 

number,  trustees  must  employ,  c.  55,  s.  1,  p.  32. 
wages  of,  c.  49,  s.  3,  p.  16;  c.  56,  s.  16,  17,  18,  p.  38. 
Tenure  of  office,  c.  61,  s.  4,  p.  51. 
Text-books,  change  in,  made  when  and  how,  c.  56,  s.  22; 

p.  40. 
fees  or  pecuniary  interest  in  promoting  sale,  prohibited 

to  school  officers,  c.  61,  s.  11,  12,  p.  52. 
rules  and  regulations  required,  c.  56,  s.  9,  p.  36. 
uniformity  of,  c.  48,  s.  4,  p.  15. 
Town,  construction  of  word,  c.  61,  s.  9,  p.  52. 

may  provide  school-houses,  c.  50,  s.  3,  p.  19. 

may  vote  appropriation  for  schools,  etc.,  c.  34,  s.  5,  p.  7. 

must  maintain  schools,  c.  50,  s.  1,  p.  18. 

when  to  appoint  complainants  for  truancy,  etc.,  c.  60, 

s.  6,  p.  49. 
Travelling  expenses  pupils  normal  school  paid  how,  c. 

59,  s.  5,  p.  46. 

school  for  deaf  paid  how,  c.  291,  s.  3,  p.  64. 
Treasurer  district,  bond  not  required  unless  by  district, 

c.  51,  s.  6,  p.  23. 
election  of,  c.  51,  s.  5,  p.  23. 
powers  and  duties;  like  town  treasurer,  c.  51,  s.  6,  p.  23; 


INDEX    TO    PUBLIC    STATUTES.  309 


Treasurer,  etc.  —  Continued. 

orders  payable  to,  c.  56,  s.  17,  p.  38;  writ,  sum- 
mons or  other  process  may  be  served  on,  c.  58, 
s.  10,  p.  45. 

general,  duties  and  powers  of;  to  have  charge  of  school 
fund,  c.  28,  s.  1,  4,  p.  5;  to  add  forfeitures  to  school 
fund,  c.  49,  s.  5,  p.  16;  to  pay  managers  of  indus- 
trial school  for  board,  etc.,  of  truants,  c.  60,  s.  5, 
p.  49. 

town,  duties  of:  to  receive  and  keep  account  of  school 
money,  c.  50,  s.  6,  p.  20;  to  submit  statement  of 
school  money  to  committee,  c.  50,  s.  7,  p.  20;  to 
submit  statement  of  school  money  to  commissioner, 
c.  50,  s.  8,  p.  20. 

Truants,  expenses  at  industrial  school  paid  how,  c.  60,  s. 

5,  p.  49. 

rules  and  regulations  in  regard  to,  c.  60,  p.  48. 
Trustee  cannot  employ  teacher  when,  c.  57,  s.  1,  p.  40. 

cannot  teach  in  town  where  residing,  c.  57,  s.  6, 
p.  41. 

election  of,  c.  51,  s.  5,  p.  23. 

must  be  elector,  con.  a.  IX,  s.  1,  p.  3. 

powers  and  duties  of;  to  call  district  meetings,  c.  52, 
s.  3,  4,  p.  25;  need  not  give  notice  of  assessment  of 
taxes,  c.  54,  s.  1,  p.  29;  must  call  upon  town  asses- 
sors to  assess  value  of  property  when,  c.  54,  s.  2, 
p.  29;  to  have  care  of  school  property  and  employ 
teachers,  c.  55,  s.  1,  p.  32;  to  provide  school-rooms 
and  fuel,  visit  schools,  and  notify  committee  of 
schools,  c.  55,  s.  2,  p.  32;  to  supply  books,  c.  55,  s. 
3,  p.  32;  to  make  tax  bills  and  issue  warrants,  c.  55, 
s.  4,  p.  32;  to  make  returns,  c.  55,  s.  5,  p.  32;  to  re- 
ceive no  compensation  unless  from  district,  c.  55,  s. 

6,  p.  32;  to  admit  scholars  from  without  the  town 
or  State,  when,  c.  55,  s.  7,  p.  33;  may  call  for  at- 
tendance of  children  in  other  towns,  c.  55,  s.  10,  p.  33. 

to  have  notice  of  annulment  of  certificate,  c.  56,  s.  7, 
p.  36;  to  have  notice  of  apportionment  to  district, 
c.  56,  s.  15,  p.  38. 


310  SCHOOL    MANUAL. 


Trustees  of  associate  school  districts  may  act  ho\v,  c.  53, 

s.  2,  3,  p.  26. 

of  normal  school,  constitution  of,  c.  59,  s.  1,  p.  46. 
duties  and  powers  of;  may  grant  certificates,  c.  57, 
s.  1,  p.  40;  c.  59,  s.  4,  p.  46;  to  prescribe  examina- 
tions for  pupils,  c.  59,  s.  2,  p.  46;  to  give  diplomas 
when,  c.  59,  s.  3,  p.  46;  to  apportion  mileage,  c. 
59,  s.  5,  p.  46. 

Tuition,  money  for,  to  be  used  how,  c.  55,  s.  9,  p.  33. 
terms  of,  to  be  decided  how,  c.  55,  s.  7,  p.  33. 
at  normal  school,  free  when,  c.  59,  s.  2,  p.  46;  c.  61, 

s.  13,  p.  53. 
at  school  for  deaf,  conditions  of,  c.  291,  s.  2,  p.  64. 

Vacancy  in  board  of  education,  how  filled,  c.  47,  s.  3, 
p.  12. 

in  district  offices,  how  filled,  c.  51,  s.  5,  p.  23. 

in  office  of  school  committee,  how  filled,  c.  50,  s.  4, 
p.  19. 

in  office  of  superintendent,  how  filled,  c.  50,  s.  5,  p.  20. 
Vaccination,  no  pupil  to  attend  school  without  certifi- 
cate of,  c.  61,  s.  14,  p.  53. 

record  of,  to  be  kept  by  teacher,  c.  61,  s.  14,  p.  53. 
Virtue,  principles  of,  to  be  taught,  c.  57,  s.  7,  p.  42. 
Visits  of  committee  required,  c.  56,  s.  8,  p.  36. 

of  trustees  required,  c.  55,  s.  2,  p.  32. 

Vote  of  district  ordering  tax,  final  when,  c.  58,  s.  5,  p.  43. 
Voters  in  district  meetings,  who  may  be,  c.  52,  s.  6,  p.  25. 

record  of,  to  be  made  by  clerk,  c.  52,  s.  7,  p.  25. 

"Wages  of  teachers,  money  to  be  used  only  for,  c.  49,  s.  3, 

p.  16;  c.  56,  s.  16,  p.  38. 
orders  for,  payable  to  whom  and  when,  c.  56,  s.  16, 

17,  18,  p.  38. 
"Warrant  to  collect  tax,  issued  by  trustee,  c.  55,  s.  4,  p.  32. 

issued  by  court  when,  c.  58,  s.  8,  9,  p.  44. 
"Writs  against  a  district,  how  served,  c.  58,  s.  10,  p.  45. 


INDEX  TO  DECISIONS,  REMARKS  AND  FORMS. 


Account  of  money  used  for  school  purposes,  178,  204,  220. 
Admission  of  pupils.     See  Scholars. 
Apparatus,  need  of,  aids  for,  and  inventory  of,  219,  220. 
Appeals,  240-241. 

allowance  of,  92,  103,  110,  156,  158,  159,  161,  165,  167, 
174,  185,  193,  207,  281,  233. 

notice  of,  100,  284. 

rehearing  of,  160,  161. 

statement  of,  to  judge  of  supreme  court,  161,  241. 
Apportionment  of   public  money  for   schools.     See 

Money. 

Appraisal  of  land  for  school-house.     See  School-house. 
Approval  of  tax,  etc.,  92,  93,  96,  98,  102,  226,  269. 
Assessment  of  tax,  92,  96,  100,  105,  109,  220,  226-231. 
Attendance,  irregular,  how  to  be  corrected,  197. 

Barrington,  appeal  from,  120. 
Board  of  education.     See  Education. 

of  trustees,  majority  of,  must  act,  118,  216. 
Bond  of  school  officers  and  others,  92,  95,  215,  267,  270, 

271,  272. 
Boundaries  district,  authority  for,  105,  183,  268. 

notice  of  change  of,  106,  109,  183,  283. 

record  to  be  kept,  178,  184,  207. 

when  school  commissioner  can  define,  158,  159. 

See  District. 
Burrillville,  appeals  from,  72,  73,  87,  158. 


312  SCHOOL    MANUAL. 


Census  school,  197. 

Certificate  of  school  officers  and  others,  256,  257,  270,  f 
of  teachers,  annulment  and  limitation  of,  126,  127,  i 

187,  194,  210,  211,  257,  258. 
qualifications  necessary  for  115,  187. 
must  be  held  when,  to  draw  wages,  123,  160,  217. 
Clarke,  Joseph  O.,  appeal  of,  77. 
Clerk,  district,  can  hold  another  district  office  when,  78, 

221. 

election,  records,  duties,  etc.,  213,  223,  276. 
of  school  committee,  duties  of,  207. 
election  and  removal  of,  131,  132,  181. 
power  of,  to  do  what  is  discretionary  with  commit- 
tee, 117. 

town,  duties  of,  178. 
Collector,  district,  can  hold  another  district  office  when, 

79,  221. 

claim,  and  suit  against  95,  101,  165. 
election,  duties,  compensation,  etc.,  95,  99,  215,  230, 
231,  269,  270,  272. 
tax  payable  only  to,  95,  99,  230. 
town  collector  may  act  as,  97. 
warrant  of,  93,  100,  269. 

Commissioner  off  public  schools,  duties  and  powers  of, 
93,  97,  102,  103,  130,  158,  159,  160,  164, 165,  169, 174, 
176,  240. 
Committee,  school,  delegation"  of  powers  by,  117,  126, 

127,  155,  180,  187,  210. 
duties  and  powers  of,  76,  77,  81,  91,  116,  123,  134, 

136,  139,  153,  155,  159,  179-212,  242. 
election  of.     See  Election, 
meetings  of.     See  Heelings. 
must  act  by  majority,  when  and  how,  155,  182. 
organization  of,  what  is  necessary  for,  131,  181,  207. 
records  of.     See  Records. 
synopsis  of  duties  of,  210. 
special,  appointed  by  district,  removal  of,  112. 
Contracts  with  districts  and  teachers,  72,  74,  76,  77,  92, 
102,  113,  116,  217,  259,  264. 


INDEX  TO  DECISIONS,  REMARKS  AND  FORMS.         313 


bourse  of  studies,  244-255. 
;>urt,  supreme,  jurisdiction  of,  159,  161,  231,  240. 
iVentry,  appeals  from,  90,  153. 
-ranston,  appeals  from,  87,  120,  147. 
Cumberland,  appeal  from,  123. 

Deaf,  dumb,  blind  and  idiotic,  provisions  for  education  of, 

241-242. 

Decisions,  67-174. 
Deeds,  forms  of,  273,  277,  279. 
Delegation  of  powers.     See  Powers. 
Dismissal  of  teachers.     See  Teachers. 
District  meetings.     See  Meetings. 

system,  schools  under,  conducted  how,  177. 

taxes.     See  Tax. 

Districts,  division  and  boundaries  of,  76,  77,  124,  133, 
158,  159,  178,  183. 

formation,  discontinuance,  or  change  of  boundaries  of, 
134,  136,  139,  183,  184,  205,  212,  283. 

hints  in  regard  to  laying  off,  183-185. 

liable  for  damages  when,  72,  74. 

officers  of,  212-222. 

powers  of,  69-81,  169,  212. 

Education,  board  of,  duties,  powers,  meetings,  etc.,  175. 
Election  of  school  committee,  179,  181,  222. 
of  superintendent,  140,  208. 
of  trustees,  and  other  district  officers,  111,  112,  216, 

222,  256. 
Engagement  of  school  committee  or  district  officers, 

181,  207,  212,  213/214,  221,  223,  257. 
Evening  schools,  management  of,  206,  221. 
Examinations  of  teachers  or  pupils,  conducted  how, 

186-194,  198,  210. 
Exeter,  appeal  from,  98. 

Fires  in  school-room,  who  cannot  be  compelled  to  make, 
128,  157. 

27 


314  SCHOOL    MANUAL. 


Forfeitures  of  money  for  schools,  causes  of,  177,  178,  203.* 
Forms  for,  warrant  or  certificate  of  election  of  school 
officers,  256;  oath  to  be  taken  by  school  officers,  257; 
certificate  of  engagement  of  school  officers,  257; 
certificate  to  a  teacher,  257;  annulling  a  certificate, 
258;  memorandum  of  contract  with  a  teacher,  259; 
notice  of  district  meeting  called  by  committee,  260; 
notice  of  annual  district  meeting,  260;  notice  of 
special  meeting,  261 ;  request  of  voters  for  special 
meeting,  261 ;  commencement  of  district  records, 
262;  record  of  choice  of  officers,  263;  vote  of  dis- 
trict to  devolve  care  of  school  on  committee,  263; 
vote  of  district  to  build,  264;  contract  to  build,  264; 
record  of  vote  of  district  to  tax,  268;  tax  bill,  269; 
warrant  to  collect  a  tax,  269;  district  treasurer's 
bond,  270;  district  collector's  bond,  271;  tax  collec- 
tor's deed,  273 ;  lease,  275 ;  vote  to  take  a  lease,  276 ; 
deed  to  district,  277;  vote  appointing  attorney  to  sell 
land  of  district,  279;  district  land  deed,  279;  vote  to 
hire  money,  281;  district  note,  281;  vote  of  district 
for  a  secondary  school,  281 ;  vote  prescribing  form  of 
district  seal,  282;  order  on  school  fund,  282;  vote 
of  school  committee  to  form  joint  district,  283;  no- 
tice of  change  in  text-books,  283;  appeal,  284;  notice 
of  appeal,  284;  incorporation  for  a  public  library, 
285;  prayer,  287. 
Free  libraries.  See  Libraries. 

Grift S  to  districts,  not  contrary  to  law,  145. 
Gradation  of  schools,  124,  126, 185,  201,  205-206. 

Holidays,  allowance  of,  202,  219. 

Husband,  right  of,  to  vote  on  wife's  real  estate  when,  90. 

Institutes,  attendance  at,  allowance  and  importance  of, 

202,  219. 
Insurance  of  school-house,  98. 

Jurisdiction  of  commissioner  public  schools,  93,  97,  102, 

103,  130,  158,  159,  160,  164,  165,  170,  174,  176. 
of  supreme  court,  159,  161,  231,  240. 


INDEX  TO  DECISIONS,  REMARKS  AND  FORMS.         315 


Land,  district,  deed  of.     See  Forms. 

for  school -house.     See  School-house. 
Laws,  general,  how  to  modify  special,  140. 
Lease,  form  of,  275. 
Legality  of  school  not  destroyed  by  neglect  of  officers,  91. 

of  tax,  96,  97,  98,  99,  105. 
Legal  proceedings,  158-174. 
Levying  tax,  mode  of,  96,  226. 
Libraries  free,  form  of  incorporation  of,  285. 

may  be  maintained  how,  177,  242-243. 
Little  Compton,  appeal  from,  112. 
Location  of  school-house.     See  School-house. 

Meetings,  district,  81-91,  118,  120,  213,  223-224,  225,  262. 
notice  and  calls  for,  79,  81,  85,  91,  205,  214,  218, 

223,  260,  261,  268. 
records  of.     See  Records. 
voters  in.     See  Voters. 
of  school  committee,  151,  181,  182,  207. 
called  how,  123,  182. 
records  of.     See  Records. 
of  trustees,  notice  of,  119,  216. 
Middletown,  appeal  from,  100. 
Moderator,  conduct  of,  81,  83,  213,  223,  224. 
election  of.     See  Election. 
engagement  of.     See  Engagement. 
Modification  of  laws,  140. 
Money,  public,  for  schools,  apportionment  of,  124,  130, 

185,  202-204. 

balances,  how  disposed  of,  203. 
conditions  of  orders  for,  159,  179,  203,  282. 
uses  of,  limits  to,  80,  123,  124,  134,  143. 

North  Kingstown,  appeals  from,  69,  128. 

North  Providence,  appeals  from,  75,  79,  82,  85,  93,  96, 

112,  116,  124,  125,  126,  131,  132,  159,  160,  165,  166. 
Note  of  a  district  or  corporation,  73,  74,  77,  215,  281. 
Notice  of  appeal,  100,  241,  284. 

of  change  of  district  boundaries.     See  Boundaries. 


316  SCHOOL   MANUAL. 


Notice,  etc.— Continued. 

of  change  of  text-books,  147,  200,  283. 

of  meetings  of  school  officers,     See  Meetings. 
Number  of  trustees  or  of  members  of  school  committee, 

how  fixed,  etc.,  120,  180,  181,  216. 

Office,  school,  eligibility  to,  84,  221,  222. 
Officers,   school,  cannot  hold  two  offices  "at  same  time, 
when,  78,  221. 

neglect  of  duty,  effect  or  penalty  of,  91,  111,  159,  166, 
215,  223. 

powers,  duties,  etc.,  69-80, 81, 85..  111-155, 169,  212-222. 
Omissions  in  records.     See  Records. 
Orders  for  public  money  for  schools.     See  Money. 
Organization  of  district  meetings,  223. 

of  school  committee,  181. 

Payment  of  tax,  postponement  of,  73. 

Penalty  for  neglect  of  duty.     See  Officers. 

Personal  property  and  real  estate,  rules  for  taxing,  93, 

99,  228. 
defined,  229. 

Plans  for  school-houses.     See  School-houses. 
Powers,  of  committee,  delegation  of,  117,   126,   127,  156, 

180,  187,  210. 

of  trustees,  delegation  of,  118,  216,  218. 
and  duties  of  districts  or  school  officers,  69-80,  81,  85, 
111-155,  169,  179-231. 

Prayer,  forms  for,  287. 

remarks  upon,  234. 
Property,  additions  to,  after  tax  voted,  IIOAV  assessed,  109. 

exempt  from  tax,  230. 

valuation  of.     See  Valuation. 

school,  inventory  of,  219. 

trustee,  custodian  of,  218. 
Punishment  of  pupils.     See  Scholars. 

Qualifications  of  teachers.     See  Teachers. 


INDEX  TO  DECISIONS,  REMARKS  AND  FORMS.         317 


Quorum  of  district  meeting,  number  necessary  for,  224. 

Records  of  school  committee,  authority  on  boundaries  of 

districts,  105,  184. 
of  school  committee  and  district,  how  to  be  kept,  etc., 

207,  214,  262. 

omissions  and  imperfections  in,  82,  96,  214. 
Register,  examination  of,  importance  of,  etc.,  197,  217, 

231,  232. 

Registry  taxes.     See  Taxes. 
Religious  and  moral  instruction,  188,  200,  233. 

meetings  in  school-house,  70,  76,  218. 
Removal  of  trustee  from  district,  effect  of,  220. 
Residence  of  voters  or  tax-payers,  83,  89,  99. 
Resignation  of  district  officers,  216,  220,  222. 
Returns  of  town  or  district  officers  and  teachers,  178,  182, 

204,  217,  220,  231,  232. 
Richmond,  appeal  from,  104. 

Rules,  etc.,  to  be  prescribed  by  committee,  129,  200-202, 
210,  219,  232. 

Scholars,  admission,  age,  residence,  etc.,  184,  201,  203, 

217. 

cannot  be  compelled  to  make  fires,  128. 
discipline  and  punishment  of,  128,  134,  192,  202,  232, 

236-240. 

examination  of,  198. 
transportation  of,  203. 
School  committee.     See  Committee. 
School-house,  building  committee  for,  election,  removal 

and  powers  of,  81,  112,  119,  264. 
insurance  of,  98. 
land  for,  appraisal  of,  161,  167,  185. 

gift  of,  145. 

legal  title  to,  or  deed  of,  70,  76,  77,  277. 
lease  of,  275,  276. 
location,  plans,  etc.,  76,  103,  134,   144,  167,  185-186, 

264,  269. 
property  to  be  taxed  for,  106,  109. 


318  SCHOOL    MANUAL. 


School-house—  Continued. 

trustee  custodian  of,  218. 

uses  of,  69,  121,  218. 
School  money.     See  Money. 

Scituate,  appeal  from,  95. 

Seal,  district,  282. 

Secondary  schools,  opening  of,  etc.,  69,  81,  206,  212,  281. 

Singing  school,  school-house  may  be  used  for,  121. 

Smithf! eld,  appeals  from,  92,  155. 

South  Kingstown,  appeals  from,  102,  144,  167. 

Studies,  course  of,  244-255. 

prescribed  how,  201. 

Superintendent,    election,    duties,    salary,    etc.,    140, 
208-210,  222. 

Taxation,  general  provisions  for,  and  directions  in  regard 

to,  220,  224,  225-231. 
who  may  vote  for,  75,  87,  88. 
Tax  assessment.     See  Assessment. 
district,  92-111,  268-276. 

rescinding  vote  in  regard  to,  72-,  73,  92. 
payers,  powers  of  majority  of,  69,  72,  99,  268. 
Taxes  registry,  credited  to  school  fund  when,  179. 

division  of,  130. 
Teachers,  153-157,  231-240. 

cannot  be  compelled  to  make  fires,  156. 

cannot  be  hired  by  vote  of  district,  100,  118,  216. 

certificates  of  115,  123,   126,  127,  153,  155,  160,  187, 

194,  210,  211,  217,  233,  257,  258. 
contracts  with,  113,  116,  217,  219. 
dismissal  of,  114,  115,  125,  126,  127,  154,  155,  194,  210, 

217,  258. 

examination  of,  186,  210. 
qualifications  of,  115,  153,  187-192,  232. 
wages  of,  may  be  fixed  by  trustee,  113. 

not  legally  due,  when,  116,  123,  217. 

orders  for,  who  may  draw,  159. 

reduction  of,  115. 

town  not  liable  for,  when,  172. 


INDEX  TO  DECISIONS,  REMARKS  AND  FORMS.         319 

• 

Terms,  school,  control  and  notification  of,  219,  232. 
Text-books,  change  of,  directions,  etc.,  in  regard  to,  147, 
200,  283. 

change  of,  what  constitutes,  150. 

selection  of,  199,  210. 
Town,  powers  of,  as  to  district  boundaries,  136. 

and  duties  of,  as  to  school  money,  124,  177. 

system  conducted  how,  177,  194,  203,  205,  2G3. 
Treasurer,  district,  election,  duties,  etc.,  95,  215,  220,  270. 

town,  duties  of,  178-179,  182. 
Trustees,  ni-123,  216-221. 

do  facto,  79,  111. 

duties  and  powers  of,  70,  94,  104,  128,  227,  269,  270. 

Vacancy,  proof  of,  and  how  filled,  80,  181,  208,  220,  221, 

223. 
Valuation  of  property,  how  to  be  made,  101,  104,  220, 

227,  268. 

Visits  of  school  officers,  180,  194,  218. 
Votes,  forms  of,  263,  264,  276,  279,  281,  282,  283. 

maybe  rescinded  when,  72,  73,  92,  112,  131,  200,  225. 

to  assess  tax,  made  how,  96,  226. 
Voters,  certificate,  right  to  vote,  when,  79,  223. 

eligible  to  office,  84,  221. 

in  district  meetings,  75,  81,  82,  85,  87,  88,  89,  90,  213, 
214,  222,  224,  225,  226,  268. 

on  wife's  real  estate,  90. 

registry,  right  to  vote  when.  76,  85,  87,  222. 

residence  of,  83,  89,  222. 

"Wages  of  teachers.     See  Teachers. 
Warrant  for  collection  of  tax,  93,  100,  230. 

forms  of,  256,  269. 
Warwick,  appeal  from,  97. 
West  Greenwich,  appeal  from,  106,  118,  129. 
Woonsocket,  appeal  from,  134,  140. 

Year,  school,  begins  when,  113. 


- 


.,  2 


PUBLIC    LAWS. 


JANUAKY    SESSION,    1883. 


CHAPTER  363. 

"    ACT    IN    RELATION    TO    TRUANT     CHILDREN,    AND    OF   THE 
ATTENDANCE    OF    CHILDREN   IN   THE   PUBLIC   SCHOOLS. 

enacted  by  the  General  Assembly  as  follows  : 

SECTION  1.  Every  person  having  under  his  control  a 
aild  between  the  ages  of  seven  and  fifteen  years  shall 
nnually  cause  such  child  to  attend,  for  at  least  twelve 
weeks,  six  at  least  of  which  shall  be  consecutive,  some 
public  day  school  in  the  town  in  which  such  child  resides  ; 
and  for  every  neglect  of  such  duty,  the  person  so  offend- 
ing shall  be  fined  not  exceeding  twenty  dollars ;  but  if 
such  child  shall  have  attended  for  a  like  period  of  time 
a  private  day  school  approved  by  the  school  committee 
of  such  town,  or  if  such  child  shall  have  been  otherwise 
furnished  for  a  like  period  of  time  with  the  means  of 
education,  or  shall  have  already  acquired  the  elementary 
branches  of  learning  taught  in  the  public  schools,  or  if 
his  physical  or  mental  condition  was  such  as  to  render 
such  attendance  inexpedient  or  impracticable,  then  such 
penalty  shall  not  be  incurred. 


SEC.  2.  For  the  purposes  of  the  preceding  section 
school  committees  shall  approve  a  private  school  only 
when  the  teaching  therein  is  in  the  English  language, 
and  when  they  are  satisfied  that  such  teaching  is  thorough 
and  efficient,  but  they  shall  not  refuse  to  approve  a  pri- 
vate school  on  account  of  the  religious  teaching  therein. 

SEC.  3.  The  town  council  of  each  town  and  the  city 
council  of  each  city  shall  annually  appoint  one  or  more 
special  constables,  and  fix  their  compensation,  who  shall 
be  truant  officers,  and  who  shall,  under  the  direction  of 
the  school  committee,  inquire  into  all  cases  arising  under 
the  provisions  of  this  act,  or  under  any  ordinances  made 
in  pursuance  thereof  by  the  town  by  which  such  officers 
were  appointed,  and  shall  alone  be  authorized,  in  case 
of  violation  thereof,  to  make  complaint  therefor ;  they 
shall  also  serve  all  legal  processes  issued  in  pursuance  of 
this  act,  but  shall  not  be  entitled  to  receive  any  fees  for 
such  service. 

SEC.  4.  The  truant  officers  and  the  school  committees 
of  the  several  towns  shall  inquire  into  all  cases  of  neg- 
lect of  the  duty  prescribed  in  section  1  of  this  act  within 
their  respective  towns,  and  ascertain  the  reasons,  if  any, 
therefor ;  and  such  truant  officers,  or  any  of  them,  shall, 
when  so  directed  by  the  school  committee,  prosecute  any 
person  liable  to  the  penalty  provided  for  in  said  section  1. 

SEC.  5.  No  child  under  ten  years  of  age  shall  be  em- 
ployed in  any  manufacturing  or  mechanical  establish- 
ment in  this  state ;  and  any  parent  or  guardian  who  per- 
mits such  employment  shall  for  every  such  offence  be 
fined  not  exceeding  twenty  dollars. 

SEC.  6.  No  child  under  fourteen  years  of  age  shall 
be  so  employed  except  during  the  vacations  of  the 
public  schools,  unless  during  the  year  next  preceding 


such  employment  he  shall  have  attended  some  public  or 
private  day  school  for  at  least  twelve  weeks,  nor  shall 
such  employment  continue  unless  such  child  shall,  in 
each  year,  attend  school  as  herein  provided;  and  no 
child  shall  be  so  employed  who  does  not  present  a  cer- 
tificate, made  by,  or  under  the  direction  of,  said  school 
committee,  of  his  compliance  with  the  requirements  of 
this  section. 

SEC.  7.  Every  owner,  superintendent  or  overseer  of 
any  establishment  named  in  section  5  of  this  act,  shall 
require  and  keep  on  file  a  certificate  of  the  place  and 
date  of  birth  of  every  child  under  fifteen  years  of  age 
employed  therein,  as  nearly  accurate  as  may  be,  so  long 
as  such  child  is  so  employed,  which  certificate  shall  also 
state,  in  the  case  of  a  child  under  fifteen  years  of  age, 
the  amount  of  his  school  attendance  during  the  year 
next  preceding  such  employment.  The  certificates  herein 
mentioned  shall  be  signed  by  a  member  of  the  school 
committee  of  the  town  where  such  attendance  was  had, 
or  by  some  one  authorized  by  such  committee,  and  the 
form  of  said  certificate  shall  be  furnished  by  the  secre- 
tary of  the  state  board  of  education. 

SEC.  8.  Every  owner,  superintendent  or  overseer  of 
any  such  establishment  who  employs  or  permits  to  be 
employed  any  child  in  violation  of  either  of  the  two  next 
preceding  sections,  and  every  parent  or  guardian  who 
permits  such  employment,  shall  be  fined  not  exceeding 
twenty  dollars. 

SEC.  9.  The  truant  officers  shall,  at  least  once  in 
every  school  term,  and  as  often  as  the  school  committee 
require,  visit  the  establishments  described  in  section  5  of 
this  act,  in  their  respective  towns,  and  ascertain  whether 
the  provisions  of  the  four  next  preceding  sections  hereof 


are  duly  observed,  and  report  all  violations  thereof  to 
the  school  committee. 

SEC.  10.  The  truant  officers  shall  demand  the  names 
of  the  children  under  fifteen  years  of  age  employed  in 
such  establishments  in  their  respective  towns,  and  shall 
require  the  certificates  of  age  and  school  attendance, 
prescribed  in  section  7  of  this  act,  to  be  produced  for 
their  inspection ;  and  a  failure  to  produce  such  cer- 
tificate shall  be  evidence  that  the  employment  of  such 
child  is  illegal. 

SEC.  11.  Every  owner,  superintendent  or  overseer  of 
any  such  establishment  who  employs,  or  permits  to  be 
employed  therein,  a  child  under  fifteen  years  of  age  who 
cannot  write  his  name,  age  and  place  of  residence  legibly, 
while  the  public  schools  in  the  town  where  such  child 
lives  are  in  session,  shall  for  every  such  offence  be  fined 
not  exceeding  twenty  dollars. 

SEC.  12.  The  town  councils  of  the  several  towns 
shall  make  all  needful  provisions  and  arrangements  con- 
cerning habitual  truants  and  children  who  may  be  found 
wandering  about  in  the  streets  or  public  places  therein, 
having  no  lawful  occupation  or  business,  not  attending 
school  and  growing  up  in  ignorance ;  and  shall  make 
such  ordinances  as  will  be  most  conducive  to  the  welfare 
of  such  children  and  to  the  good  order  of  such  town  ; 
and  shall  designate  or  provide  suitable  places  for  the 
confinement,  discipline  and  instruction  of  such  children. 

SEC.  13.  Every  minor  convicted  under  an  ordinance 
made  under  the  provisions  of  section  12  of  this  act  of 
being  an  habitual  truant,  or  of  wandering  about  in  the 
streets  and  public  places  of  a  town,  or  of  having  no  law- 
ful employment  or  business,  or  of  not  attending  school, 
and  of  growing  up  in  ignorance,  shall  be  committed  to 


any  institution  of  instruction  or  suitable  place  designated 
or  provided  for  the  purpose  under  the  authority  of  said 
section  12,  for  a  period  not  exceeding  two  years. 

SEC.  14.  Children  so  committed  may,  on  satisfactory 
proof  of  amendment,  or  for  other  sufficient  cause,  be 
discharged  from  such  institution  or  place  by  the  court 
which  committed  them. 

SEC.  15.  The  school  committees  of  the  several  towns 
shall  annually  report  to  the  state  board  of  education 
whether  their  towns  have  made  the  provisions  required 
by  this  act. 

SEC.  16.  All  fines  under  the  provisions  of  this  act 
shall  inure  and  be  applied  to  the  support  of  the  public 
schools  in  the  town  where  the  offence  was  committed. 

SEC.  17.  The  justice  courts  of  the  several  towns 
shall  have  jurisdiction  of  all  cases  arising  under  this 
act. 

SEC.  18.  Chapter  60,  and  sections  21,  22,  23  and 
24  of  chapter  169  of  the  Public  Statutes,  and  all  other 
acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed ;  and  this  act  shall  take  effect  upon  and  after 
the  first  day  of  October,  A.  D.  1883. 


YC  0^82 


